IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES 

X 

.  FOR  THE 

EASTERN  DISTRICT  OE  PENNSYLVANIA. 


UNITED  STATES  -  HENRY  HERTZ 

ET.  AL. 


CHAKGED  WITH  HIEING  AND  DETAINING  PERSONS  TO  GO  .BEYOND  THE  JURIS¬ 
DICTION  OF  THE  UNITED  STATES,  WITH  THE  INTENT  TO  ENLIST  IN 
THE  BRITISH  FOREIGN  LEGION,  FOR  THE  CRI5IEA. 


TAKEN  IN  SHORT  HAND  SPECIALLY  FOR  THE  PENNSYLVANIAN, 

By  JAMES  B.  SHERIDAN, 

PHONOGRAPHIC  REPORTER. 


PUBLISHED  BY  WILLIAM  EICE, 

No.  46  South  Third  Street,  Philadelphia. 


McLaughlin  brothers,  steam-power  book  and  job  printers,  so  south  third  st 

1855. 


Jio 


/9c  ^ 


DISTRICT  COURT  OF  THE  UNITED  STATES, 

EASTEEN  DISTRICT  OF  PENNSYLVANIA. 


UNITED  STATES  OF  AMERICA 

vs. 

HENRY  HERTZ  AND  EMANUEL  C.  PERKINS. 


September  21st,  1855.— Before  the  HONORABLE  JOHN  K.  KANE. 

The  Defendants  were  arraigned  on  several  Bills  of  Indictment,  to  which  they  seve- 
raUy  pleaded  NOT  GUILTY. 

A  JURY  is  called,  and  sworn  or  af&rmed  as  follows : 

1.  JEREMIAH  BYERLY,  Carpenter,  Front  Street,  below  Catherine,  Philadelphia. 

2.  JOHN  BAIRD,  Marble  Mason,  Spring  Garden  Street,  above  13th,  “ 

3.  JOSHUA  FRY,  Gentleman,  Centre  P.  0.,  Lehigh  County,  Penna. 

4.  JOHN  G.  HENSELL,  Collector,  Crown  Street,  above  Vine,  Philadelphia. 

5.  MICHAEL  D.  KELLY,  Tailor,  Division  Street,  below  12th,  Philadelphia. 

6.  CORNELIUS  McCAULEY,  Manufacturer,  No.  119  Lombard  Street,  Philada. 

7.  JOHN  F.  PARKE,  Farmer,  Radnor  P.  0.,  Delaware  Coimty,  Penna. 

8.  GEORGE  REESE,  Gentleman,  Race  Street,  above  Third,  Philadelphia. 

9.  JOHN  STEWART,  Farmer,  Carlisle,  Cumberland  County,  Pa. 

10.  JOHN  WILBANK,  Innkeeper,  Rugan  Street,  above  Callowhill  Street,  Philada. 

11.  JOSEPH  LIPPENCOTT,  Carpenter,  Vernon  Street,  above  10th,  Philada. 

12.  CHARLES  R.  ABLE,  Manufacturer,  No.  478  North  Fourth  Street,  Philada. 

The  Indictments  were  similar  in  their  character,  and  related  to  the  hiring  of  differ¬ 
ent  persons. 

The  following  is  a  copy  of  one  of  the  Indictments. 


4 


In  the  District  Court  of  the  United  States  in  and  for  the  Eastern  District  of  Pennsylvania, 

of  May  Sessions,  in  the  year  of  our  Lord  One  Thousand  Eight  Hundred  and  Fifty-five. 
Casftrn  District  o£  ycnnsnltiania,  ss. 

FIRST  COUNT. — The  Grand  Inquest  of  the  United  States  of  America,  inquiring 
for  the  Eastern  District  of  Pennsylyania,  upon  their  oaths  and  affirmations  respectively, 
do  present,  that  Henry  Hertz,  late  of  the  District  aforesaid,  yeoman,  and  Emanuel 
C.  Perkins,  late  of  the  District  aforesaid,  yeoman,  heretofore,  to  ivit :  on  the  twenti¬ 
eth  day  of  February,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
five,  in  the  District  aforesaid,  and  within  the  jurisdiction  of  this  Court,  with  force  and 
arms,  did  hire  and  retain  one  William  Budd,  to  enlist  himself  as  a  soldier,  in  the  service 
of  a  foreign  Prince,  State,  Colony,  District  and  People,  contrary  to  the  form  of  the 
Act  of  Congress  in  such  case  made  and  provided,  and  against  the  peace  and  dignity  of 
the  United  States. 

SECOND  COUNT. — The  Grand  Inquest  of  the  United  States  of  America,  inquiring 
for  the  Eastern  District  of  Pennsylvania,  upon  their  oaths  and  affirmations  respectively, 
do  further  present,  that  Henry  Hertz,  late  of  the  District  aforesaid,  yeoman,  and 
Emanuel  C.  Perkins,  late  of  the  District  aforesaid,  yeoman,  heretofore,  to  wit:  on 
the  twentieth  day  of  February,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty-five,  at  the  District  aforesaid,  and  within  the  territory  and  jurisdiction  of  the 
United  States,  and  of  this  Honorable  Court,  with  force  and  arms,  did  hire  and  retain 
William  Budd,  to  enlist  and  enter  himself  as  a  soldier  in  the  service  of  a  foreign  Prince, 
State,  Colony,  District  and  People,  to  wit:  the  service  of  Her  Most  Gracious  Majesty, 
the  Queen  of  Great  Britain  and  Ireland,  contrary  to  the  form  of  the  Act  of  Congress  in 
such  case  made  and  provided,  and  against  the  peace  and  dignity  of  the  United  States 
of  America. 

THIRD  COUNT. — The  Grand  Inquest  of  the  United  States  of  America,  inquiring 
for  the  Eastern  District  of  Pennsylvania,  upon  their  oaths  and  affirmations  respectively 
do  further  present,  that  Henry  Hertz,  late  of  the  District  .aforesaid,  yeoman,  and 
Emanuel  C.  Perkins,  late  of  the  District  aforesaid,  yeom.an,  heretofore,  to  wit:  on 
the  twentieth  day  of  February,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty-five,  at  the  District  aforesaid,  within  the  territory  and  jurisdiction  of  the 
United  States,  and  within  the  jurisdiction  of  this  Court,  with  force  and  arms,  did  hire 
and  retain  William  Budd,  to  go  beyond  the  limits  and  jurisdiction  of  the  United  States, 
with  the  intent  of  him,  the  said  William  Budd,  to  be  enlisted  and  entered  as  a  soldier,  in 
the  service  of  a  foreign  Prince,  State,  Colony,  District  and  People,  contrary  to  the  form 
of  the  Act  of  Congress  in  such  case  made  and  provided,  and  against  the  peace  and 
dignity  of  the  United  States  of  America. 

FOURTH  COUNT. — The  Grand  Inquest  of  the  United  States  of  America,  inquiring 
for  the  Eastern  District  of  Pennsylvania,  upon  their  oaths  and  affirmations  respectively, 
do  further  present,  that  Henry  Hertz,  late  of  said  District,  yeomau,  and  Em.anuel 
C.  Perkins,  late  of  the  District  aforesaid,  yeoman,  heretofore,  to  wit:  on  the  twenti¬ 
eth  day  of  February,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-five, 
at  the  District  aforesaid,  and  within  the  territory  and  jurisdiction  of  the  United  States, 
and  within  the  jurisdiction  of  this  Honorable  Court,  with  force  and  arms,  did  hire  and 
retain  William  Budd,  to  go  beyond  the  limits  and  jurisdiction  of  the  United  States,  with 
the  intent  of  him,  the  said  William  Budd,  to  be  enlisted  and  entered  as  a  soldier,  in  the 
service  of  a  foreign  Prince,  State,  Colony,  District  and  People,  to  wit:  the  service  of  Her 
Most  Gracious  ^lajesty,  the  Queen  of  Great  Britain  and  Ireland,  contrary  to  the  form 


5 


of  the  Act  of  Congress  in  such  case  made  and  provided,  and  against  the  peace  and 
dignity  of  the  United  States  of  America. 

FIFTH  COUNT. — The  Grand  Inquest  of  the  United  States  of  America,  inquiring 
for  the  Eastern  District  of  Pennsylvania,  upon  their  oaths  and  affirmations  respectively, 
do  further  present,  that  Hekkt  Hertz,  late  of  said  District,  yeoman,  and  Emanuel  C. 
Perkins,  late  of  the  District  aforesaid,  yeoman,  heretofore,  to  wit;  on  the  twentieth 
day  of  February,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-five, 
at  the  District  aforesaid,  within  the  territory  and  jurisdiction  of  the  United  States, 
and  within  the  jurisdiction  of  this  Court,  with  force  and  arms,  did  hire  and  retain 
William  Budd,  to  go  beyond  the  limits  and  jurisdiction  of  the  United  States,  with  the  intent 
of  him,  the  said  William  Budd,  to  be  enlisted  and  entered  as  a  soldier  in  the  service  of  a 
foreign  Prince,  Slate,  Colony,  District  and  People.  The  said  Henry  Hertz  and  Eman¬ 
uel  C.  Perkins,  at  the  time  they  so  hired  and  retained  the  said  William  Budd  to  go 
beyond  the  limits  and  jurisdiction  of  the  United  States,  with  the  intent  as  aforesaid, 
not  being  a  subject  or  citizen  of  any  foreign  Prince,  State,  Colony,  District  or  People, 
transiently  within  the  United  States,  and  said  hiring  and  retaining  not  being  07i  board  any 
vessel  of  war,  letter  of  marque,  or  privateer, -which  at  the  time  of  the  arrival  within  the 
United  States,  of  such  vessel  of  war,  letter  of  marque,  or  privateer,  was  fitted  and  equipped 
as  such,  and  the  said  William  Budd,  so  hired  and  retained,  not  being  a  subject  or  citizen 
of  the  same  foreign  Prince,  State,  Colony,  District  and  People,  transiently  ivithin  the  United 
Slates,  enlisting  and  entering  himself  to  serve  such  foreign  Prince,  State,  Colony,  Dis¬ 
trict  or  People,  on  board  such  vessel  of  war,  letter  of  marque,  or  privateer,  the  United 
States  being  at  peace  with  such  foreign  Prince,  State,  Colony,  District  and  People, 
contrary  to  the  form  of  the  Act  of  Congress  in  such  case  made  and  provided,  and 
against  the  peace  and  dignity  of  the  United  States  of  Ameriea. 

SIXTH  COUNT. — The  Grand  Inquest  of  the  United  States  of  America,  inquiring 
for  the  Eastern  District  of  Pennsylvania,  upon  their  oaths  and  affirmations,  do  present 
that  Henry  Hertz,  late  of  said  District,  yeoman,  and  Emanuel  C.  Perkins,  late  of 
the  District  aforesaid,  yeoman,  heretofore  to  wit :  on  the  twentieth  day  February,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-five,  at  the  District  afore¬ 
said,  and  within  the  territory  and  jurisdiction  of  the  United  States,  and  within  the 
jurisdiction  of  this  Honorable  Court,  with  force  and  arms,  did  hire  and  retain  William 
Budd,  to  go  beyond  the  limits  and  jurisdiction  of  the  United  States,  with  intent  of  him  the 
said  William  Budd,  to  be  enlisted  and  entered  as  a  soldier  in  the  service  of  a  foreign  Prince, 
State,  Colony,  District  and  People,  to  wit:  in  the  service  of  Her  Most  Gracious  Majesty, 
the  Queen  of  Great  Britain  and  Ireland.  The  said  Henry  Hertz  and  Emanuel  C. 
Perkins,  at  the  time  they  so  hired  and  retained  the  said  William  Budd,  to  go  beyond 
the  limits  and  jurisdiction  of  the  United  States,  with  the  intent  as  aforesaid,  not  being 
a  subject  or  citizen  of  the  said  Queen  of  Great  Britain,  transiently  within  the  United  States, 
and  said  hiring  and  retaining  not  being  on  board  any  vessel  of  war,  letter  of  marque,  or 
privateer,  which  at  the  time  of  its  arrival  within  the  United  States,  was  fitted  and  equipped 
as  such,  and  the  said  AVilliam  Budd  so  hired  and  retained,  not  being  a  subject  or  citizen 
of  Her  Most  Gracious  Majesty,  the  Queen  of  Great  Britain  and  Ireland,  transiently  within 
the  United  States,  enlisting  and  entering  himself  to  serve  the  said  Queen  of  Great 
Britain,  on  board  such  vessel  of  war,  letter  of  marque,  or  privateer,  the  United  States 
being  at  peace  with  the  said  Her  Most  Gracious  Majesty,  the  Queen  of^  Great  Britain  and 
Ireland,  contrary  to  the  form  of  the  Act  of  Congress  in  such  case  made  and  provided, 
and  against  the  peace  and  dignity  of  the  United  States  of  America. 

JAMES  C.  VAN  DYKE, 

Attorney  ferr  the  United  States  for  ike  Eastern  District  of  Pennsylvania.. 


6 


J.  C.  Van  Dyke,  Esq.,  Attorney  for  the  United  States  opened  the  case  on  the  part 
of  the  prosecution,  in  substance,  as  follows : 

May  it  please  the  ourt — ''entlemen  o  the  Jury:  It  is  a  fact  which  will  be  ju¬ 
dicially  noticed  by  this  Court  and  Jury,  that  during  the  year  1855,  as  for  some  time 
previous,  the  Crimea  has  been  the  site  of  a  sanguinary  and  melancholy  conflict  be¬ 
tween  some  of  the  most  powerful  nations  of  the  globe. 

That  conflict  has  been  conducted  principally  by  the  British,  French  and  Turks  on 
one  side,  and  by  Russia  on  the  other,  and  has  become  part  of  the  political  and  legal 
history  of  nations. 

It  is  not  important  for  us  to  inquire  into  the  cause  of  this  conflict,  nor  is  it  neces¬ 
sary  for  us  to  trace  the  various  military  or  political  manoeuvres  by  which  it  has  been 
conducted,  much  less  to  endeavor  to  ascertain  or  speculate  as  to  the  probable  result 
of  an  attack  on  the  part  of  tie  Allies,  producing  those  misfortunes  to  the  British 
government  which  they  have  endeavored  to  retrieve  by  a  violation  of  law  in  this 
country. 

We  do  not  deem  it  in  any  degree  important  to  the  American  people  that  the  com¬ 
bined  forces  of  Southern  Europe  should  be  successful  against  a  single  nation  of  the 
North,  in  maintaining  her  asserted  rights.  In  this  free  and  republican  country,  the 
home  ordained  by  Providence  for  the  oppressed  of  all  nations,  we  have  very  little  to 
do  with  the  struggles  for  supremacy  and  power  by  the  dififerent  crowned  heads  of  the 
Old  World.  The  various  schemes  which  have  been  adopted  for  the  support  of  a 
balance  of  power  by  the  potentates  of  Europe,  never  has,  and  I  am  of  opinion  never 
will  advance  those  republican  institutions  which  it  is  our  pleasure  and  duty  to  foster. 
On  the  contrary,  those  combinations  which  have  been  formed  in  support  of  such  bal¬ 
ance,  has  at  all  times  been  made  the  instrument  of  retarding  in  Europe  the  progres¬ 
sive  Democratic  spirit  of  the  age,  and  of  binding  the  masses  more  firmly  beneath  the 
yoke  of  an  overgrown  and  decaying  aristocracy ;  and  although  the  popular  pulse  in 
this  country  is  manifestly  against  all  war  which  originates  in  the  desire  to  perpetuate 
or  extend  any  other  than  a  republican  form  of  governtnent,  yet  a  proper  regard  for 
our  national  integrity  forbids  us  to  tolerate  on  the  part  of  those  residing  amongst 
us,  any  intermeddling  in  the  disputes  of  other  nations,  where  those  disputes  do  not 
interfere  with,  or  concern  the  legitimate  objects,  and  manifest  destiny  of  our  own 
wide-spreading  institutions.  Except  in  such  cases  our  policy  is  peace,  and  we  should 
endeavor  to  keep  ourselves  free  from  all  political  connections  which  might  in  any  way 
involve  us  in  the  conflict  amongst  European  powers — not  so  much  for  the  reason,  that 
we  are  not  ever  ready  to  defend  our  rights  by  an  effectual  resort  to  arms,  but  be¬ 
cause  our  implied  and  treaty  obligations  require  us  firmly  and  faithfully  to  maintain 
an  impartial  neutrality. 

By  prudence  and  an  entire  good  faith  in  observing  the  position  of  an  independent 
neutral  nation,  we  increase  our  own  happiness  and  prosperity  at  home,  and  secure 
to  ourselves  the  right  to  demand  a  proper  respect  abroad. 

A  neutral  nation  cannot,  with  propriety,  interfere  with  any  matter  of  dispute  be¬ 
tween  foreign  belligerant  parties,  nor  can  it  furnish  aid  to  either,  without  justly 
incurring  the  danger  of  the  displeasure  of  the  other.  The  propriety  of  a  nation  not 
directly  involved  in  an  existing  war,  in  maintaining  this  position  of  strict  impartiality 
is  manifest.  It  is  protection  and  perservation  both  to  our  citizens  and  our  property. 

This  has  been  the  doctrine  of  all  neutral  powers ;  and  although  for  centuries  dis¬ 
regarded  by  European  governments,  in  violation  not  only  of  the  well  settled  laws  of 


7 


nations,  but  also  of  bighly  penal  statutes,  it  has  ever  been  regarded  by  American 
Statesmen  as  a  cardinal  element  in  American  diplomacy. 

The  benefits  of  a  strict  observance  of  neutrality  are  too  great  and  too  many  to  be 
enumerated  in  the  trial  of  the  issue  ■which  I  am  about  to  present  to  you.  Suffice  it 
to  remark,  that  so  great  are  those  benefits,  that  from  the  beginning  of  our  govern¬ 
ment  we  have  considered  it  the  duty  of  every  resident  in  this  country,  whether  Min¬ 
ister  Plenipotentiary,  Consul,  or  private  citizen,  to  enquire  the  character  and  extent 
of  our  laws  upon  this  subject,  and  carefully  to  observe  them. 

No  one  residing  here  has  a  right  to  violate  the  national  sovereignty  of  the  United 
States,  by  setting  those  laws  at  defiance,  by  the  perpetration  of  acts  derogatory  to 
our  character  as  an  independent  impartial  neutral  nation ;  and  any  neglect  of  this 
duty  renders  him  amenable  to  the  laws  of  the  land.  As  an  example  of  the  early  feel¬ 
ing  of  our  government  upon  this  subject,  Mr.  V.  read  the  Proclamation  of  President 
Washington,  in  1793,  in  relation  to  “  the  war  then  existing  between  Austria,  Prussia, 
Sardinia,  Great  Britain,  and  the  Netherlands,  on  the  one  part,  and  France  on  the 
other,  stating  that  the  duty  and  interest  of  the  United  States  require  that  they  should, 
with  sincerity  and  good  faith,  adopt  and  pursue  a  conduct  friendly  and  impartial 
toward  the  belligerant  powers. 

“I  have  therefore  thought  fit,  by  these  presents,  to  declare  the  disposition  of  the 
United  States  to  observe  the  conduct  aforesaid,  toward  those  powers  respectively  and 
to  exhort  and  to  warn  the  citizens  of  the  United  States  carefully  to  avoid  all  acts  and 
proceedings  whatsoever,  which  may  tend  in  any  manner  to  contravene  such  disposition. 

And  I  do  hereby,  also,  make  known  that  whosoever  of  the  citizens  of  the  United 
States  shall  render  himself  liable  to  punishment,  or  forfeiture  by  the  laws  of  nations, 
by  combatting,  aiding,  or  abetting  hostilities  against  any  of  the  said  powers,  or  by 
carrying  to  any  of  them 'those  articles  which  are  deemed  contrabrand  by  the  modern 
usage  of  nations,  will  not  receive  the  protection  of  the  United  States  against  such 
punishment  or  forfeiture ;  and  further,  that  I  have  given  instructions  to  those  officers 
to  whom  it  belongs,  to  cause  prosecutions  to  be  instituted  against  all  such  persons 
who  shall,  within  the  cognizance  of  the  Courts  of  the  United  States,  violate  the  laws 
of  nations,  with  respect  to  the  powers  at  war,  or  any  of  them.” 

The  justice  of  the  principles  contained  and  proclaimed  in  this  message,  no  doubt 
produced,  in  1794,  the  passage  of  the  first  law  for  the  protection  of  our  neutrality. 

That  act  is  the  same  in  its  principle  features  as  the  English  statute  9  Geo.  2  ch.  30, 
sec.  2  and  29,  ch.  17  sec.  2. 

Mr.  Van  l)yke  then  referred  to  the  various  acts  of  Congress  which  had  at  different 
times  been  enacted  for  the  purpose  of  imposing  punishment  upon  those  who  should 
violate  the  national  sovereignty  of  the  United  States,  by  interfering  with  the  rights 
'  of  belligerants. 

The  Act  of  June  5,  1794,  ch.  -50,  punishes  any  citizens  of  the  United  States  for  ac 
cepting  and  exercising  a  commission  to  serve  in  any  war,  on  land  or  at  sea,  in  the 
ser'vice  of  any  foreign  prince  or  State,  and  prohibits  any  person  within  the  territory 
or  jurisdiction  of  the  United  States,  enlisting  or  entering  himself  or  hiring  or  retain¬ 
ing  another  person  to  enlist  or  enter  himself,  or  to  go  beyond  the  limits  or  j  urisdiction 
of  the  United  States,  with  the  intent  to  be  enlisted  or  entered  in  the  service  of  any  foreign 
prince  or  state  as  a  soldier,  or  as  a  mariner,  or  seaman,  on  board  any  vessel  of  war,  letter 
of  marque,  or  privateer,  and  forbids  the  fitting  out  or  attempting  the  fitting  out  of  ships 
of  war  within  any  of  the  waters  of  the  United  States,  or  procuring  the  same  to  be  done. 
This  act  also  forbids  any  person  within  the  territory  of  the  United  States,  increasing 


8 


or  augmenting,  or  procuring  the  increase  or  augmentation,  or  knowingly  being  con¬ 
cerned  therein,  of  the  force  of  any  ship-of-war,  cruiser  or  other  armed  vessel  of  any 
foreign  prince  or  State,  or  belonging  to  the  subject  of  anyforeign  prince  or  State,  the 
same  being  at  war  with  any  other  foreign  prince  or  State  with  whom  the  United 
States  are  at  peace. 

Sec.  5.  Prohibits  all  persons  within  the  territory  or  jurisdiction  of  the  United  States 
to  begin  or  set  on  foot,  or  provide  or  prepare  the  means  for  any  military  expedition  or  enter¬ 
prise,  to  be  carried  on  from  thence  against  the  territory  or  dominions  of  any  foreign 
prince  or  State  with  whom  the  United  States  are  at  peace. 

Sec.  6.  Makes  the  oflFence  indictable  in  the  District  Court  of  the  United  States. 

Sec.  7.  Authorizes  the  President  of  the  United  States  to  employ  the  armed  forces  of 
the  United  States  to  prevent  the  commission  of  the  olFences  declared  against  by  the 
neutrality  laws  of  the  United  States. 

Sec.  8.  Authorizes  the  President  to  use  the  armed  forces  of  the  United  States  to  com¬ 
pel  the  departure  of  any  armed  ship  of  any  foreign  prince,  in  all  cases,  in  which  by 
the  laws  of  nations  or  the  treaties  of  the  United  States,  they  ought  not  to  remain  in 
the  United  States. 

This  Act  was  to  continue  in  force  for  2  years,  or  until  the  next  Congress  thereafter. 
In  1797  the  act  was  further  extended  for  the  period  of  2  years. 

On  the  24th  April,  1800,  Congress,  by  an  enactment,  made  the  act  of  ViDii  perpetual. 

The  next  enactment  was  March  3,  1817,  ch.  58  by  which  new  punishment  and  pen¬ 
alties  were  imposed  for  a  violation  of  the  provisions  of  the  act  of  1794. 

Mr.  Y.  said  he  referred  only  to  the  substance  of  these  Acts  of  Congress,  without 
delaying  the  court  to  read  from  the  books,  because  having  been  repealed  by  the  law 
under  which  the  present  bills  of  indictment  are  framed,  they  are  important  for  two 
reasons  only. 

1.  They  show  in  a  most  conclusive  manner  the  policy  of  our  Government  in  main¬ 
taining  a  strict  neutrality  on  the  international  affairs  of  European  powers. 

“Peace  with  all  Nations,  entangling  alliances  with  none” — has  ever  been  the  motto, 
not  only  of  the  Government  but  of  the  people  of  this  country. 

By  adopting  and  strictly  observing  this  just  and  fair  policy,  the  United  States  has 
in  times  of  intense  political  excitement,  and  bloody  and  disastrous  warfare  in  other 
countries,  cultivated  peace  with  all  nations,  and  secured  at  all  times  national  repose 
and  commercial  prosperity  at  home,  and  respect  abroad.  By  fulfilling  with  a  strict 
impartiality  our  neutral  responsibilities  towards  belligerant  powers,  we  have  in  times 
past  avoided  the  disasters  which  have  befallen  other  free  Governments,  and  by  con] 
tinning  so  to  do  in  the  future,  we  will  continue  able  to  present  to  mankind  an  example 
of  republican  integrity  worthy  of  imitation  by  the  civilized  world. 

'  2.  They  are  important — Because  from  their  peculiar  similarity  with  the  act  of  1818, 

under  which  these  defendants,  now  on  trial,  are  indicted,  we  are  enabled  more  fully 
to  comprehend  the  meaning  of  the  several  judicial  constructions  which  have  been 
given  to  them,  especially  in  cases  of  peize,  and  to  ascertain  the  bearing  of  such  con¬ 
struction  upon  the  act  of  1818. 

In  1818,  the  Congress  of  the  United  States,  felt  the  importance  of  remodeling  the 
law  upon  the  subject  of  American  interference  in  disputes  between  foreign  nations, 
and  in  an  act  passed  on  20tli  April,  which  repeals  all  former  laws  upon  the  subject, 
adopted  a  most  wholesome  law,  which  though  varying  somewhat  from  former  enact¬ 
ments  is  the  same  in  all  essential  points.  Mr.  Van  Dyke  referred  to  this  act  at  length. 


9 


% 


The  defendants  are  indicted  under  the  proyisions  of  the  second  section  of  this  act. 
The  Grand  Jury  have  found  several  hills  of  indictment  against  them  for  the  various 
violations  of  this  law,  which  seemed  to  them  susceptible  of  the  most  easy  proof. 

It  will  be  observed  that  the  crime  mentioned  in  this  section  consists  in  the  doing  of 
various  acts.  You  will  be  instructed  by  the  Court  that  you  must  be  satisfied  of  cer¬ 
tain  propositions  which  it  will  be  my  duty  to  submit  to  your  consideration. 

First.  It  will  be  necessary  for  the  Government  to  satisfy  you  that  the  act  complained 
of  was  committed  within  the  territory  of  the  United  States. 

Second.  That  the  defendants,  or  either  of  them,  enlisted  or  entered  himself  respec¬ 
tively,  in  the  service  of  a  foreign  prince,  state,  colony,  district  or  people,  as  a  soldier, 
or  as  a  mariner  or  seaman  on  board  any  vessel  of  war,  letter  of  marque,  or  privateer. 

Third.  That  the  defendants,  or  either  of  them,  hired  or  retained  another  person  to 
enlist  or  enter  himself  in  such  service. 

Fourth.  That  the  defendants,  or  either  of  them,  hired  or  retained  another  person 
to  go  beyond  the  limits  or  jurisdiction  of  the  United  States,  with  the  intent  to  be  en¬ 
listed  or  entered  in  such  services. 

Upon  the  first  point,  I  remark,  that  if  from  the  evidence  you  are  satisfied  that  the 
acts  complained  of  were  not  committed  within  the  limits  of  the  United  States,  and 
also  within  the  limits  of  the  jurisdiction  of  this  Court,  which  -is  bounded  by  those 
counties,  forming  the  Eastern  District  of  Pennsylvania,  it  will  be  your  duty  to  acquit 
both  the  defendants  on  all  the  bills  now  laid  before  you. 

Upon  this  point,  however,  gentlemen,  I  think  you  will  have  no  trouble.  The  evi¬ 
dence  will  be  conclusive  that  whatever  was  done  by  the  defendants  was  done  within 
the  Eastern  District  of  Pennsylvania. 

Upon  the  second  point,  you  are  relieved  from  any  inquiry,  there  being  no  charge  in 
the  indictments  that  the  defendants,  or  either  of  them,  enlisted  himself  in  any  foreign 
services. 

Having  found,  however,  the  first  point  in  favor  of  the  Government,  your  investiga¬ 
tions  will  be  directed  to  the  third  and  fourth  points  of  inquiry,  viz  :  Did  the  defend¬ 
ants,  or  either  of  them,  at  the  various  times  specified  in  the  various  bills  under  con¬ 
sideration,  hire  or  retain  any  or  all  of  the  persons  mentioned  to  be  enlisted  or  entered 
in  a  foreign  service,  or  did  they  hire  or  retain  any  or  all  of  the  persons  mentioned  in 
these  bills  to  go  beyond  the  limits  of  the  United  States,  with  the  intent  to  be  enlisted 
or  entered  in  such  foreign  service.  If  either,  or  both,  then  you  will  find  them,  or 
either  of  them,  guilty  on  such  counts  in  the  indictments  as  are  applicable  to  the  facts 
upon  which  you  base  your  conclusions. 

The  Court,  I  am  of  opinion,  will  inform  you  that  the  intent  mentioned  in  the  act  re¬ 
fers  to  the  intention  of  the  party  enlisted,  hired  or  retained.  Not  that  such  an  intent 
must  be  an  absolute  determination  to  enlist  when  arriving  beyond  the  limits  of  the 
United  States — but  the  crime  charged  against  the  defendants  being  the  hiring  of  some 
other  person,  which  other  persons  must  have  the  intent,  it  is  sufficient  ground  for 
conviction,  if,  from  all  the  testimony,  you  are  satisfied  that  the  defendants  at  the 
time  they  so  hired  or  retained  any  other  person,  believed  it  to  be  the  bona  fide  inten¬ 
tion  of  the  person  so  hired  or  retained,  to  enlist  or  enter  such  foreign  service  when 
he  should  arrive  beyond  the  limits  of  United  States.  Upon  this  point,  however,  gen¬ 
tlemen,  you  will  have  no  difficulty  upon  many  of  the  bills,  as  I  shall  be  able  to  prove 
to  our  entire  satisfaction  first,  that  the  defendant  Hertz  thought  the  recruit  had 


4 


10 


such  intention ;  and  secondly,  that  the  recruit,  did,  in  fact,  agree  to  depart  from  our 
jurisdiction  with  intent  to  enlist. 

Having  thus  briefly  reviewed  the  political  policy  of  our  Government,  and  the  law 
applicable  to  the  present  prosecution,  permit  me  to  call  your  attention  to  the  facts  as 
I  shall  be  able  to  present  them  to  your  serious  consideration.  So  far  as  applicable  to 
the  prosecution,  they  are  easily  understood. 

I  have  said  that  the  war  in  the  Crimea  was  conducted  by  the  British,  French,  and 
other  nations,  as  allies,  against  the  single  power  of  Russia.  I  have  said  that  the  con¬ 
sequences  of  that  war  had  been  disastrous  to  the  besieging  parties,  and  that  the  signs 
of  the  times  indicated  a  still  more  humiliating  fate.  The  English  army  having  met  the 
most  serious  lossss,  the  Government  of  Great  Britain,  in  direct  violation  of  her  duty 
towards  us,  and  with  a  design  of  misleading  those  residents  of  the  United  States  who 
did  not  fully  comprehend  the  nature  of  our  laws,  devised  a  plan  for  the  purpose  of 
partially  regaining  the  position  and  standing  which,  in  the  absence  of  the  proper 
exercise  of  the  advanced  military  experience  of  the  age,  they  had  lost. 

A  plan  for  this  purpose  was  adopted  and  attempted  to  be  carried  out,  by  His  Ex¬ 
cellency  John  J.  Crampton,  the  Minister  Plenipotentiary  of  Her  Majesty,  assisted  by 
several  agents  of  the  British  Government,  within  the  territory  and  jurisdiction  of  the 
United  States;  and,  I  think,  you  will  be  satisfied  that  Mr.  Crampton  thus  acted,  with 
the  knowledge  and  approbation  of  his  Government.  This  high  functionary  of  that 
Government  made  contracts  and  agreements  with  certain  persons,  known  in  this 
country  as  able  and  efficient  officers  in  the  various  conflicts  which  have  recently  taken 
place  on  the  continent  of  Europe.  The  parties  thus  contracted  with  were  to  com¬ 
mence  a  system  of  recruiting  men  within  our  territorial  limits. 

There  will  be  examined  before  you  two  or  three  individuals  who  were  engaged  in 
carrying  out  this  plan,  and  who,  on  various  occasions,  had  interviews  with  Mr.  Cramp¬ 
ton,  and  with  him  adjusted  and  perfected  the  programme  for  this  enlistment.  Mr. 
Howe,  Sir  Gaspard  Le  Marchant,  Governor  of  Nova  Scotia,  Mr.  Wilkins,  his  Secre¬ 
tary,  Mr.  Barclay,  the  British  Consul  at  New  York,  and  other  British  representatives 
in  power,  also  assisted  in  and  directed  this  flagrant  violation  of  our  law. 

In  the  perfecting  of  this  general  design,  Mr.  Howe  came  to  Philadelphia  and  en¬ 
deavored  to  make  an  arrangement  with  Colonel  Rumberg,  well  known  here  for  many 
years  as  one  of  the  publishers  of  the  German  Democrat — and  now  known  as  one  of  the 
editors  of  the  German  Adopted  American,  published  in  Philadelphia  and  Pottsville. 
Mr.  Howe  brought  to  this  gentleman  a  proclamation,  which  will  be  submitted  to  you, 
calling  for  enlistments  within  the  United  States  to  serve  in  the  Foreign  Legion,  then 
forming  at  Halifax.  ‘Colonel  Rumberg  was  at  first  pleased  with  the  proposition,  and 
felt  disposed  to  lend  his  aid  in  its  furtherance,  but  afterwards,  upon  being  informed 
that  such  enlistments  were  a  violation  of  the  laws  of  the  United  States,  and  that  he 
might  get  into  difficulties,  he  abandoned  it. 

He,  however,  translated  the  proclamation  for  Mr.  Howe,  and  having  met  Mr.  Hertz 
and  Mr.  Howe  together  at  Jones’  Hotel,  he  published  the  proclamation  in  his  paper 
for  Mr.  Hertz. 

Arrangements  were  made  by  IMr.  Howe  and  Mr.  Crampton  with  the  defendant 
Hertz,  who,  for  them,  undertook  the  enlistment  of  men  at  his  office,  which  he  opened 
for  that  purpose,  at  68  South  Third  street.  Mr.  Hertz  published  and  paid  for  the 
proclamation  for  these  recruits  in  various  newspapers.  That  proclamation  was  signed 
by  Lewis  M.  Wilkins,  Secretary  of  the  Provincial  Government  of  Nova  Scotia,  and 
calls  upon  persons  to  enlist  in  the  Foreign  Legion. 


11 


While  this  matter  was  going  on,  Captain  Strobel  was  either  sent  for  by  Mr.  Crampton, 
or  came  himself  to  him  ;  I  do  not  recollect  which — and  entered  into  negotiations  with 
him  for  carrying  on  this  business.  Mr.  Crampton  told  Strobel  that  he  had  written  to  his 
Home  Government  for  the  purpose  of  learning  what  arrangements  should  beTnade  in 
this  country  for  enlisting  soldiers,  and  had  not  yet  received  a  reply ;  but  as  soon  as 
he  received  it  he  would  let  him  know.  A  short  time  afterwards,  he  wrote  him  a  note, 
informing  him  that  he  had  received  the  reply,  and  was  prepared  to  enter  into  the 
proper  arrangements  for  carrying  on  the  enlistment.  They  met  together,  and  Mr. 
Strobel  prepared  for  him  a  plan  which  he  had  devised  for  the  purpose  of  recruiting 
men  in  the  United  States,  and  taking  them  beyond  our  borders  to  serve  in  the  “Le¬ 
gion.”  The  plan,  with  some  alterations,  was  adopted  by  Mr.  Crampton,  and  Mr. 
Strobel  was  sent  through  the  large  cities  of  the  United  States  to  establish  various 
recruiting  offices.  I  give  the  most  prominent  facts,  merely  running  over  them  as 
briefly  as  possible.  After  having  first  gone  to  New  York,  he  came  to  Philadelphia 
and  met  Mr.  Hertz,  who  was  then  engaged  enlisting  men  in  this  city,  and  who  had  a 
number  already  enlisted.  Mr.  Hertz  had,  up  to  the  24th  of  March,  one  hundred  men, 
which  Mr.  Strobel  was  to  take  to  Halifax ;  and  on  the  25th  of  March  they  sailed  in 
the  steamer  Delaware  bound  for  that  place.  These  men  were  enlisted  at  Hertz’s  office, 
No.  68  South  Third  street,  whither  the  advertisements  had  called  them.  Mr.  Strobel 
saw  them  there  enlisted,  and  to  a  certain  extent  assisted  in  enlisting  them ;  and  on 
Sunday,  the  25th  of  March,  he  sailed  in  the  steamer  Delaware  with  about  seventy- 
five  men,  the  rest  having  deserted  between  the  time  of  hiring,  or  engagement,  and 
the  time  of  sailing.  These  men  were  taken  to  Halifax  by  Captain  Strobel,  and  there 
examined  and  attested ;  were  placed  in  the  barracks,  and  a  short  time  afterwards 
sailed  for  Portsmouth,  England.  On  the  following  Wednesday,  Mr.  Hertz  had  made 
an  arrangement  to  send  another  company  of  recruits  from  the  United  States,  in  charge 
of  a  person  named  William  Budd,  a  very  intelligent  and  good  officer,  whom  he  had 
also  engaged  to  go  beyond  the  limits  of  the  United  States,  with  the  intent  of  entering 
into  the  British  service.  The  officers  of  the  United  States  having  learned  that  this 
recruiting  was  going  on,  devised,  in  pursuance  of  directions  from  the  Administration 
at  Washington,  the  means  for  stopping  it ;  and  after  Mr.  Budd,  with  his  company, 
had  embarked  from  Pine  street,  on  board  the  steamer  Sanford,  being  furnished  by 
Mr.  Hertz  with  free  tickets  for  a  passage  to  New  York,  where  they  were  to  get 
others  from  Mr.  Howe,  to  take  them  the  rest  of  the  journey,  and  had  progressed  as 
far  as  the  Navy  Yard,  the  U.  S.  Marshal,  having  a  warrant,  went  on  board  and  arrested 
the  whole  company  and  brought  them  to  Philadelphia,  where  the  parties  who  had 
assisted  them,  together  with  the  papers  in  their  office,  were  taken  in  charge. 

That  Mr.  Hertz  was  engaged  in  willfuUy  violating  the  law  is  proved  by  several  cir¬ 
cumstances  connected  with  the  case.  He  had  the  proclamation,  in  the  shape  of  a 
handbill,  printed  and  posted  in  the  streets  of  Philadelphia,  and  paid  for  publishing 
the  proclamation  in  the  Ledger  and  Pennsylvanian.  He  took  an  advertisement  to  the 
German  Democrat,  which  called  for  recruits  for  the  Foreign  Legion,  and  had  an 
office  opened,  and  individuals  there  to  assist  him  in  taking  down  the  names  of  those 
who  applied,  and  examining  them  to  see  if  they  would  be  received.  He  there 
told  them  that  they  would  get  thirty  dollars  bounty  and  eight  dollars  a  month, 
and  also  stated  that  various  persons  would  receive  commissions.  He  also  gave  them 
tickets  for  their  passage  to  New  York,  some  of  which  tickets  were  taken  from  those 
arrested,  and  will  be  produced.  During  the  whole  of  his  enlistment,  the  defendant, 
Hertz,  was  actively  engaged  in  procuring  men  for  that  purpose. 


12 


Arrests  having  been  made  in  all  parts  of  the  United  States  of  persons  engaged  in 
this  business,  the  representatives  of  Her  Majesty  in  this  country  became  somewhat 
alarmed  as  to  the  results.  Mr.  Crampton  then  made  arrangements  with  Mr.  Strobel  and 
one  Dr.  Ruess,  who  met  him  at  Halifax,  and  devised  plans  as  to  the  manner  in  which  the 
recruiting  was  thereafter  to  be  conducted  in  the  United  States,  and  on  the  15th  May,  or 
thereabouts,  the  whole  programme  of  proceedings  was  changed  by  his  Excellency,  the 
British  IMinister  and  Sir  Gaspard  Le  Marchant,  Governor  of  Nova  Scotia.  They  then 
devised  a  new  plan  of  violating  the  national  sovereignty  of  the  United  States,  and  of 
evading  our  laws  enforcing  neutrality — not  a  very  praiseworthy  occupation  within  the 
borders  of  a  friendly  government,  for  the  dignified  representative  of  the  self-styled 
mistress  of  the  seas ;  but  it  was  an  occupation  which,  if  permitted  by  our  people,  might 
have  destroyed  the  most  amicable  and  friendly  relations  which  exists,  and  which  I 
trust  may  ever  continue  between  the  United  States  and  the  Russian  government.  Mr. 
Crampton,  and  his  associate  representatives  of  Great  Britain  on  this  continent,  gave 
directions  to  Captain  Strobel  to  repair  immediately  to  all  the  recruiting  ofiices  in  the 
United  States,  and  order  the  persons  engaged  in  those  offices  to  adopt  the  system  which 
they  had  prepared  for  the  guidance  of  the  recruiting  agents  ;  giving  to  these  agents  at 
the  same  time,  a  caution,  that  should  they  be  unsuccessful  in  evading  the  laws,  and 
eluding  the  authorities  of  the  United  States,  they  could  hope  for  no  protection  from  the 
British  government — that  is,  the  British  government  was  willing  to  accept  the  advan¬ 
tage  of  the  successful  criminal  conduct  of  all  their  minister  and  his  recruiting  agents, 
but  refuse  to  defend  or  assist  those  agents  if  they  should  be  so  unfortunate  as  to  be  detec¬ 
ted.  Honorable  and  generous  Great  Britain !  and  oh  !  most  faithful  British  Ministers ! ! 

The  ruse  then  adopted  was  to  send  men  to  Canada  and  Halifax,  under  the  pretence 
of  engaging  them  on  the  I’ailroad,  and  when  there,  to  enlist  them  in  the  army.  For 
the  purpose  of  carrying  out  this  object,  regular  written  instructions  were  given  by 
Mr.  Crampton  to  Mr.  Strobel,  who,  with  Dr.  puess  and  other  officers,  started  in  com¬ 
pany  with  Mr.  Crampton  to  the  United  States.  Some  of  these  officers  afterwards  left 
the  service  of  Her  Majesty,  and  as  was  their  duty,  have  since  expressed  their  willing¬ 
ness  to  disclose  all  their  knowledge  in  support  of  the  prosecutions  which  have  been 
commenced. 

The  active  connection  and  co-operation  of  nearly  all  the  Representatives  of  Her 
Majesty  in  this  general  design,  will  be  made  clear  to  you  by  unimpeached  testimony. 
I  think  I  can  say  with  confidence  that  His  Excellency  John  F.  Crampton,  Minister 
Extraordinai’y,  &c. ;  His  Excellency  Sir  Gaspard  Le  Marchant,  Governor  of  Nova 
Scotia  ;  His  Excellency  Sir  Edmund  Head,  Governor  of  Canada;  Sir  Joshua  Howe; 
Lewis  M.  Wilkins,  Provincial  Secretary  of  Nova  Scotia,  and  at  least  one  British  Consul 
directed  this  course  of  conduct.  All  these  gentlemen,  it  will  be  in  evidence  to  you, 
have,  with  Mr.  Hertz,  the  defendant,  taken  an  active  part  in  directing  the  commission 
of  the  crime  charged ;  and  whether  or  not  by  a  bold  attempt  to  disguise  their  real 
object,  is  a  matter  of  very  little  importance. 

Th*e  oral  testimony  of  the  witnesses  will  in  some  most  material  and  important 
facts,  be  corroborated  by  written  documents.  I  shall  be  able  to  produce  to  you  some 
five  or  six  original  letters  and  notes  of  Mr.  Crampton,  and  also  the  original  instruc¬ 
tions  to  the  agents,  as  to  the  mode  in  which  the  enlistments  were  to  be  conducted  in 
the  United  States.  You  will  also  have  in  evidence  the  original  proclamation  or  ad¬ 
vertisement  in  the  hand  writing  of  Sir  Joseph  Howe,  inviting  persons  to  enlist  in  the 
Foreign  Legion,  as  well  as  several  other  letters  and  papers  of  considerable  importance 
on  the  points  in  issue. 


13 


I  take  it,  gentlemen,  briefly  to  conclnde  what  I  have  to  say  to  you  at  this  stage  of 
the  proceedings,  that  if  I  show  that  either  or  both  of  these  defendants,  in  conformity 
with  this  general  design  of  the  British  Government,  were  engaged  in  thus  enlisting  or 
hiring  or  retaining  any  person  to  be  enlisted — I  have  made  out  a  clear  case.  I  am 
free  to  admit,  that  the  evidence  against  one  of  the  defendants  is  not  of  the  most  con¬ 
clusive  character,  he  not  being  known  as  being  positively  engaged  in  enlisting,  hiring 
or  retaining  any  particular  person,  although  he  was  in  talking  and  giving  directions 
on  the  subject.  The  Court  will  instruct  you  how  far  a  person  must  go  in  order  to 
commit  this  crime,  and  whether  the  fact  of  Perkins  sending  a  man  to  Hertz,  for 
Hertz  to  enlist  him,  constituted  a  crime  on  the  part  of  Perkins. 

I  shall  prove  to  you  distinctly,  by  unimpeachable  evidence,  that  all  the  persons 
mentioned  in  all  of  these  bills  have  been  enlisted  by  the  defendant  Hertz,  in  the 
first  place  in  the  service  of  Her  Most  Gracious  Majesty,  the  Queen  of  Great  Britain, 
and  if  not  enlisted  within  the  jurisdiction  of  the  United  States,  that  he  has  hired  and 
retained  each  and  every  one  of  these  individuals  and  many  more,  to  go  beyond  that 
jurisdiction;  to  wit,  to  Halifax,  in  Nova  Scotia,  for  the  purpose  of  being  there  en¬ 
listed  in  a  foreign  legion  destined  for  the  Crimea,  to  engage  in  the  battles  of  the 
Allies.  If  I  prove  these  facts,  I  can  safely  ask  at  your  hands  a  verdict  against  him 
for  one  of  the  most  flagrant  violations  of  the  national  sovereignty  of  this  country 
which  has  ever  been  known  to  have  been  perpetrated  within  its  borders.  First,  a  vio¬ 
lation  of  our  law;  second,  a  violation  of  the  confidence  reposed  in  a  high  representa¬ 
tive  functionary,  and  thirdly,  a  violation  of  the  sympathies,  and  a  national  insult  to 
the  sentiments  and  the  feelings  of  our  people. 

MAX  F.  0.  STROBEL,  sworn. 

After  the  witness  was  sworn,  Mr.  Remak  desired  the  District  Attorney  to  state  dis¬ 
tinctly  what  he  intended  to  prove  by  him  ? 

Mr.  Van  Dyke  said  he  had  one  objection  to  doing  so,  but  he  thought  it  would  occupy 
too  much  time. 

Judge  Kane  said  that  he  preferred  that  the  witness  should  be  examined  in  the  first 
instance,  without  being  distinctly  apprised  of  all  the  facts  about  which  he  was  to 
testify. 

Examination  by  Mr.  Van  Dyke — Q.  Of  what  country  are  you? 

A.  I  am  from  Bavaria. 

Q.  Have  you  been  in  military  service  ? 

A.  Yes,  sir,  in  the  Bavarian  service,  in  the  artillery. 

Q.  Have  you  ever  been  in  war?  * 

A.  Yes,  sir,  I  have  joined  the  Revolutionists  in  Bavaria. 

Q.  In  1848?  A.  During  the  Revolution  in  the  year  1849. 

Q.  How  did  you  happen  to  leave  the  service  ? 

A.  Well,  we  were  defeated  and  obliged  to  leave  Baden  and  go  into  Switzerland,  then 
I  stopped  there  and  traveled  through  France  and  England  until  1851.  On  the  13th 
of  May,  1851,  I  embarked  at  Havre  and  came  to  this  country,  and  arrived  here  in 
June,  1851.  On  the  23d  of  June,  1851,  I  came  to  this  counUy;  I  was  in  New  York 
several  weeks,  and  then  went  to  Washington,  and  there  got  employment  in  the  Coast 
Survey  Office.  I  was  there  until  1853,  when  I  went  out  with  the  expedition  to 
Oregon,  under  Governor  Stevens.  I  went  up  with  him  to  Minesota  ;  I  left  his  party 
out  on  the  plains  on  Red  River,  and  came  back  to  Minesota  on  the  7th  of  September, 


14 


1853,  and  came  down  to  St.  Louis,  and  started  with  Col.  Fremont  on  his  winter  ex¬ 
pedition  to  San  Francisco  about  this  Great  Pacific  Railroad ;  I  have  been  Assistant 
Typographical  Engineer  of  Col.  Fremont ;  I  left  San  Francisco  on  the  first  of  May, 
1854;  I  crossed  the  Isthmus  and  came  back  with  our  Indians,  and  brought  them  up 
to  Kansas  again.  From  there  I  went  back  to  Washington  city,  where  I  finished  the 
maps  for  the  works  of  Col.  Fremont,  which  I  suppose  are  now  before  Congress. 

Q.  When  did  you  finish  the  maps  ? 

A.  I  finished  them  in  the  end  of  August,  1854.  I  then  received  a  letter  of  recom¬ 
mendation  from  Mr.  Benton  to  the  different  directors  of  railroads  to  secure  me  a 
position  as  engineer.  I  went  with  this  recommendation  or  letter  of  introduction  to 
Missouri.  I  took  sick  there  and  was  obliged  to  leave  the  valley  of  the  Mississippi 
and  come  back  to  Washington  city.  When  I  came  back  to  Washington  I  was  engaged 
in  the  Pacific  railroad  office,  at  that  time  established  in  Washington,  and  was  at  work 
there  until  the  first  of  February.  In  the  end  of  January,  I  saw  Mr.  Crampton  and 
received  from  Mr.  Crampton  the  reply. 

Q.  State  the  whole  conversation  which  took  place  between  you  and  Crampton. 

A.  I  received  from  Crampton  the  reply  that  he  could  not  tell  me  at  that  moment 
what  could  be  done.  I  said  to  Crampton  that  I  believed  in  this  very  time,  as  it  was 
in  the  winter  time. 

Q.  Last  winter  ? 

A.  Yes,  sir,  that  many  people  were  out  of  work  in  New  York  and  other  places,  and 
it  would  be  very  easy  to  raise  men  for  this  “foreign  legion”  that  the  English  Parlia¬ 
ment  had  agreed  to  establish.  Crampton  told  me  that  he  believed  so  himself,  but  at 
that  moment  he  had  no  orders  from  the  home  government  to  do  anything  in  the 
matter,  and  that  he  would  let  me  know  as  soon  as  he  received  any  communication 
from  home.  A  few  days  afterwards,  I  suppose  on  the  28th  of  February,  I  received  a 
letter  from  Mr.  Crampton. 

Q.  Is  this  the  letter?  A.  Yes,  sir. 

^  Q.  And  this  the  envelope  in  which  it  was  enclosed?  A.  Yes,  sir. 

The  letter  was  here  read  in  evidence  as  follows : 

“Washington,  Feb.  4,  1855. 

Sir — With  reference  to  our  late  conversation,  I  am  now  able  to  give  you 
more  precise  information  in  regard  to  the  subject  to  which  it  related.  I 
remain,  sir,  your  obedient  servant, 

Mr.  Max  Strobel.  ,  John  F.  Crampton.” 

After  receiving  this  letter  I  went  to  see  Mr.  Crampton  the  next  morning;  Mr. 
Crampton  told  me  that  he  had  received  letters  from  home,  and  that  he  was  willing 
now  to  raise  men  here  in  the  jurisdiction  of  the  United  States  for  a  British  Foreign 
Legion  which  should  be  established  either  in  Nova  Scotia  or  in  Canada. 

Q.  Did  he  use  the  words  “  within  the  jurisdiction  of  the  United  States  ?” 

A.  Yes,  within  the  jurisdiction  of  the  United  States. 

Q.  He  used  those  precise  words,  did  he ! 

A.  Yes,  sir ;  but  he  was  not  sure  at  that  time  whether  the  main  depot  should  be  at 
Halifax  or  in  Canada,  and  he  was  obliged  to  make  arrangements  with  the  Governor 
General  of  Canada.  At  the  very  same  time  he  gave  me  a  letter  of  introduction  to  the 
British  Consul  in  New  York,  Mr.  Barclay,  in  which  he  states,  that  I  am  already  ac- 


15 


quainted  with,  this  matter,  and  that  Mr.  Barclay  might  receive  me  and  talk  with  me 
about  this  subject,  and  that  I  should  make  preparations  in  New  York,  for  getting  men. 
ne  told  me  at  the  very  same  time  he  would  send  a  messenger  to  the  Governor  General 
of  Canada.  I  went  to  New  York  and  delivered  my  letter  to  Mr.  Barclay. 

Q.  What  was  this  messenger  sent  for  ? 

A.  To  arrange  matters  about  a  Depot  or  place  where  we  could  send  these  men 
whom  we  got  here  in  the  States.  I  waS  waiting  in  New  York  for  the  return  of  this 
messenger  for  several  weeks.  The  messenger  returned  and  was  sent  again,  and  no 
understanding  could  be  made  between  Sir  Edmund  Head  and  Mr.  Crampton.  Head  is 
Governor  General  of  Canada ;  because  during  that  time  the  Governor  of  Nova  Scotia 
had  received  orders  from  England  to  commence  a  new  depot  in  Halifax,  and  to  try 
and  get  men  in  the  United  States  for  this  service. 

Q.  The  arrrangement  was  not  made  by  the  messenger  sent  to  Canada  to  Sir  Edmund 
Head,  because  he  had  received  a  letter  from  the  Governor  of  Nova  Scotia,  stating 
that  he  had  received  orders  from  England  to  make  Halifax  the  depot  ? 

A.  Yes,  sir.  The  reason  for  sending  all  the  men  to  Halifax,  was  the  order  that 
the  Governor  of  Nova  Scotia  received  from  England.  During  that  time  I  went  back 
to  Philadelphia.  It  was  on  the  10th  or  11th  of  March,  1855,  when  I  came  back  to 
Philadelphia.  I  learned  from  a  friend  of  mine,  a  certain  Dr.  Biell,  who  is  now  regi¬ 
mental  surgeon  in  this  foreign  legion,  that  Mr.  Hertz  had  received  letters — one  from 
England,  another  one  from  Mr.  Crampton,  though  I  do  not  know  positively,  I  am  not 
certain  where  it  was  from,  and  that  he  had  spoken  to  this  Dr.  Biell,  and  told  him  he 
was  able  to  procure  him  a  commission  in  this  foreign  legion. 

Q.  In  consequence  of  what  Dr.  Biell  told  you,  state  what  you  did  ? 

A.  I  went  to  Hertz  and  had  a  conversation  with  Hertz  about  this  matter. 

Q.  Where  was  he  ? 

A.  He  was  in  his  office.  No.  68  South  Third  street,  opposite  the  Exchange.  I  saw 
then  Mr.  Hertz,  and  from  that  time  (9  o’clock,  A.  M. )  I  was  with  Mr.  Hertz  till  3 
P.  M.,  where,  in  pursuance  of  the  advertisements,  men  came  and  wrote  their  names 
down  on  a  book,  and  agreed  to  enter  the  foreign  legion  at  Halifax. 

Q.  Have  you  ever  seen  a  bill  like  this  ?  A.  I  have  seen  this  handbill. 

Q.  Where  ?  A.  In  Mr.  Hertz’s  office. 

The  bill  was  here  read  in  evidence.  It  reads  as  follows : 

“  MEN  WANTED  FOB,  HEE  MAJESTY’S  SEBVICE. 

(Arms  of  Great  Britain,  with  mottos.) 

Provincial  Secretary’s  Office, 

Halifax,  Nova  Scotia,  March  15,  1855. 

The  Lieutenant  Governor  of  Nova  Scotia  having  been  employed  to  embody  a  Foreign 
Legion,  and  to  raise  British  Kegiments  for  service  in  the  Provinces  or  abroad,  notice 
IS  hereby  given,  that  all  able-bodied  men,  between  the  ages  of  19  and  40,  on  applying 
at  the  depot  at  Halifax,  will  receive  a  bounty  of  £6  sterling,  equal  to  $30,  and  on 
being  enrolled  will  receive  $8  per  month,  with  the  clothing,  quarters,  and  other  ad¬ 
vantages  to  which  British  soldiers  are  entitled. 

Preference  will  be  given  to  men  who  have  already  seen  service. 

The  period  of  enlistment  will  b&from  3  to  5  years,  at  the  option  of  the  British 
Government. 


/ 


16 

OfBcers  ■who  have  served  'will  be  eligible  for  commissions.  Gentlemen  ■who  wish  to 
come  into  the  Province  will  please  lodge  their  names,  rank,  date  of  service,  &c.,  at 
the  office. 

Persons  who  serve  in  the  Foreign  Legion  will,  on  the  expiration  of  their  term,  be 
entitled  to  a  free  passage  to  America,  or  to  the  country  of  their  birth. 

Pensions  or  gratuities,  for  distinguished  ser^vices  in  the  field,  will  be  given. 

Nova  Scotian  and  other  shipmasters,  who  may  bring  into  this.Provinee  poor  men, 
willing  to  serve  Her  Majesty,  will  be  entitled  to  receive  the  cost  of  a  passage  for  each 
man  shipped  from  Philadelphia,  New  York,  or  Boston. 

By  command, 

LEWIS  M.  WILKINS, 

Provincial  Secretary.” 

Q.  (Another  bill  here  sho^wn  the  witness) — Have  you  ever  seen  this  bill  ? 

A.  I  have,  in  Detroit. 

The  bill  was  here  read  in  evidence.  It  read  as  follows: 

“NOTICE. 

A  Foreign  Legion  is  now  being  raised  in  Halifax,  Nova  Scotia.  Persons  wishing 
to  join  the  Legion  wiU  receive  a 

BOUNTY 

Of  £6  Sterling,  or  30  Dollars. 

From  which  a  reduction  cf  $.5  for  traveling  expenses  to  Nova  Scotia,  will  be  made. 
Besides  good  rations  and  quarters,  men  will  receive  $8  a  month  as  pay. 

The  Period  of  Enlistment  is  Three  or  Five  Tears,  at  the  option  of  the  applicant. 

For  extraordinary  service  in  the  field,  or  wounds,  Bouxties  and  Pexsioxs  foe 
Life  will  be  granted.  Besides  which,  there  is  now  a  project  in  view,  and  which  will 
undoubtedly  be  carried  out,  to  give  to  each  soldier,  at  the  expiration  of  his  term  of 
service  6Q  Acres,  and  to  each  non-commissioned  officer  100  Acres  of  Land  in  Canada. 

All  who  are  inclined  to  enter  the  service  under  the  foregoing  very  favorable  condi¬ 
tions,  are  hereby  invited  to  apply  at  Niagara  City,  Butler  Barracks,  or  at  the  Wisn- 
SOR  Castle,  Windsor,  C.  W.” 

Q.  (Another  bill  shown  witness.)  Did  you  ever  see  this  bill? 

A.  Yes,  sir;  I  had  that  printed  in  Detroit. 

Mr.  Van  Dyke.  It  is  a  German  bill  ? 

Mr.  Remak.  The  paper  was  printed  to  the  order  of  the  witness. 

Judge  Kane.  The  paper  now  presented  is  part  of  the  general  transaction  which 
does  not  directly  affect  the  person  on  trial.  It  is  like  the  letter  of  Mr.  Crampton 
which  was  read  a  short  time  ago,  and  is  a  portion  of  the  general  narrative. 

Q.  by  Mr.  Van  Dyke.  Is  that  a  true  translation  attached  to  the  German  handbill  ? 

A.  Yes,  sir. 

The  translation  was  here  read  in  evidence.  It  read  as  follows : 

■  “NOTICE. 

In  Halifax,  Nova  Scotia,  a  Foreign  Legion  will  be  formed.  Every  one  who  will 
enter  into  this  Legion,  which  is  for  the  most  part  composed  of  Germans,  and  has 
German  officers,  is  entitled  to  a  bounty  of  G  pounds  sterling,  or  $30,  from  which 
however,  $5  for  traveling  expenses  to  Nova  Scotia,  will  be  taken  off. 

Moreover,  every  man  will  receive  full  and  good  maintenance,  besides  $8  a  month 
pay. 


17 


The  time  of  service  is  according  to  pleasure,  3  or  5  years. 

For  extraordinary  services  in  the  field,  or  wounds,  bounties  and  pensions  for  the 
whole  lifetime  will  be  given.  It  is  also  truly  in  prospect,  that  every  soldier,  on  the 
running  out  of  his  time  of  service,  will  obtain  50  acres,  and  every  non-commissioned 
officer  100  acres  of  land  in  Canada,  as  his  own  property. 

Every  one  who  is  disposed  to  fall  in  with  these  conditions,  is  hereby  notified  to 
repair  to  the  Niagara  Barrack,  not  far  from  Queenstown,  Canada  West,  at  the  depot 
there  established.” 

Q.  You  say  you  went  to  Mr.  Hertz,  and  you  saw  the  recruits  sign  the  book  there ; 
look  at  that  book  and  say  if  that  is  it?  A.  That  is  the  book. 

Q.  Where  did  you  see  that  book  ?  A.  At  Mr.  Hertz’s  office. 

Q.  Did  you  see  any  of  the  parties  signing  it? 

A.  Yes,  sir,  (looking  at  the  book,)  there  is  the  handwriting  of  some  men. 

Q.  Will  you  read  me  the  names  of  the  iqen  you  saw  sign  ? 

A.  The  names  of  the  officers  were  cut  out. 

Q.  Do  you  recollect  the  name  of  Joseph  Purnell? 

A.  Yes,  sir,  I  recollect  the  names  of  all  the  men  in  my  company. 

Q.  Go  on  and  state  what  you  did  after  the  men  enlisted . 

A.  After  we  had  more  than  100  men,  we  gave  them  cards,  and  told  them  we  would 
be  ready  to  start  on  Sunday,  the  25th  of  March,  1855,  on  the  steamer  Delaware,  in 
the  morning,  for  New  York. 

Q.  What  did  you  tell,  or  Hertz  tell  these  men.  If  you  told  them  anything,  what 
was  the  understanding  ? 

A.  The  understanding  was  that  those  men  who  signed  this  book - 

Judge  Kane — Was  the  understanding  announced  in  the  presence  of  Mr.  Hertz  ? 

Witness. — Yes,  sir,  in  the  presence  of  Mr.  Hertz,  the  men  were  told  that  there  was 
a  foreign  legion  now  established  in  Halifax,  and  that  Mr.  Hertz  would  send  them  to 
Halifax  to  the  foreign  legion  to  enlist  in  it — every  man  that  is  well,  and  able  bodied 
and  willing  to  enlist  in  this  foreign  legion,  shall  have  a  free  passage  and  $30  bounty, 
and  $8  a  month  pay,  and  the  men  who  agreed  to  be  attached  to  this  foreign  legion, 
signed  this  very  book. 

Q.  Who  said  that  they  should  sign  that  book  ? 

A.  Mr.  Hertz  ;  and  they  signed  this  book,  with  the  understanding  to  go  to  Halifax 
and  enlist  in  the  foreign  legion,  and  it  was  also  told  to  those  men  that  an  officer  should 
go  in  their  company,  and  I  was  called  Captain  of  those  men  before  I  started,  and  was 
introduced  to  them  before  we  started  as  their  Captain — I  was  to  take  that  com¬ 
pany.  I  recolleet  Palattre  and  Purnell  very  well. 

Mr.  Van  Dyke  here  asked  the  witness,  whether  he  recollected  the  names  of  the 
various  persons  who  composed  his  company,  when  he  replied,  that  he  remembered  the 
following,  besides  some  60  more  whose  names  he  did  not  recollect. 

F.  P.  Carrier,  Jacob  Branning,  Fredrick  Fuss,  Hugh  Killen,  Fred.  Ferdinand 
Bostandig,  Emanual  Hrnhaut,  Edward  Rollnn,  Carl  Muhlenhausen,  John  Scheetfold, 
Petrus  Pauls,  John  Koelomus,  Jacob  Blecher,  Foley  Worrell,  Rudolph  Chas.  Ruth, 
Peter  Ropert,  Ed.  Dobeller,  Jacob  Roth,  Pierce  Pelattre,  Joseph  Purnell,  Gustav 
Prothe,  Gunther  Leopold  Neisbaum,  Wilhelm  Heinrich,  Karl  Altenberg,  Karl  Bart¬ 
hold,  Johann  Baumiescer,  F.  Ulrich. 

Q.  Were  all  these  persons  in  your  company  ?  A.  Yes,  sir. 

Q.  How  many  more  went  with  you  ? 

2 


18 


A.  Well,  I  started  from  here  Avith  about  75  or  76  men,  and  two  officers,  Lieutenant 
Essen  and  Lieutenant  Shuman,  on  this  steamer  Delaware  to  New  York. 

Q.  When  did  you  leave  here? 

A.  On  Sunday,  the  25th  of  Jlarch,  early  in  the  morning,  and  arrived  in  New  York 
on  Monday  morning  about  5  o’clock. 

Q.  Well,  sir,  when  you  got  in  New  York  what  did  you  do  ? 

A.  I  came  to  New  York  in  the  morning  at  5  o’clock,  and  left  my  men  on  board  the 
boat  as  I  was  not  furnished  with  means  enough,  as  I  had  received  only  some  money 
from  Hertz.  I  had  received  tickets  and  $25  to  go  on  to  New  York,  and  I  was  there 
to  receive  more  money. 

Q.  Was  that  money  given  you  for  the  purpose  of  taking  this  company  on  ? 

A.  Certainly ;  and  I  was  to  receive  further  means  in  New  York  to  take  the  men  on 
to  Halifax. 

Q.  When  you  got  to  New  York  what  did  you  do  ? 

A.  I  went  to  see  Mr.  Barclay,  the  British  Consul,  at  New  York,  and  when  I  got 
there,  Mr.  Barclay  sent  me  to  Delmonico’s  to  see  Mr.  Howe.  The  Hon.  Joseph  Howe 
was  at  that  time  agent  from  the  British  Government  in  this  recruiting  business  in  the 
States.  He  was  living  at  Delmonico’s.  I  saw  Mr.  Bucknell,  not  Howe.  He  told  me 
I  should  be  furnished  with  means  as  early  as  possible  before  10  o’clock ;  I  Lad  to  divide 
the  men  in  different  taverns,  and  keep  them  together  there  for  three  days.  At  last  I 
was  furnished  with  tickets  and  means  to  start  with  these  men  for  Boston,  where  an 
English  brig,  the  America,  was  waiting  there  to  receive  us  and  take  us  on  board  to 
take  us  to  Halifax.  Mr.  Hertz  in  the  presence  of  !Mr.  Bucknell  and  Mr.  Turnbull, 
told  me  this. 

Q.  How  did  Mr.  Hertz  get  to  New  York,  if  you  left  him  in  Philadelphia  when  you 
sailed  ? 

A.  I  traveled  with  the  boat,  and  Mr.  Hertz  took  the  railroad.  Mr.  Howe  or  Buck¬ 
nell  was  to  be  applied  to,  to  let  me  have  the  necessary  means  to  go  on  with  the  com¬ 
pany.  I  received  this  money  in  New  York,  through  Mr.  Hertz  at  the  beginning  of  the 
day,  and  before  I  started,  some  from  Mr.  Bucknell.  I  left  New  York  on  the  Stonington 
road,  and  came  to  Boston.  I  arrived  there  about  five  o’clock  in  the  morning  with  alj 
the  men,  and  found  this  brig,  the  America,  ready  to  take  us  on  board  and  bring  us  to 
Halifax.  I  embarked  my  men. 

Q.  Did  you  get  this  money  from  Hertz  or  Howe  ?  A.  No,  sir,  from  Mr.  Bucknell. 

Q.  Did  you  see  Howe  in  New  York? 

A.  I  saw  Howe  in  New  York  at  the  time,  and  received  a  letter  from  Mr.  Howe  to 
SirGaspard  lb  Marchant.  I  told  him  that  I  had  so  many  men  in  town,  and  wanted 
some  money,  and  that  I  wanted  tickets  and  a  letter  to  Sir  Gaspard  lb  Marchant. 

Q.  The  tickets  you  got  in  Philadelphia  only  carried  you  to  New  York  on  the  steamer 
Delaware,  then?  A.  Yes,  sir. 

Q  And  you  went  to  Howe  and  told  him  you  wanted  tickets  and  a  letter  to  the  Gov¬ 
ernor  and  some  money? 

A.  He  gave  me  a  letter,  and  Mr.  Hertz  and  BuckneU  gave  me  the  money. 

Q.  Who  was  Bucknell  ?  A.  He  was  a  Civil  Engineer. 

Q.  Was  he  with  Mr.  Howe  ? 

A.  He  was  with  Mr.  Howe,  but  I  do  not  know  whether  he  was  engaged  by  Howe 
only  for  the  purposes  of  this  business  oj:  not;  I  made  the  acquaintance  of  Bucknell 
only  a  few  days  before;  I  saw  Mr.  Hertz  in  New  York  at  the  time;  Hertz  told  me  I 


19 

was  to  go  on  as  soon  as  possible  ;  I  was  anxious  to  get  the  men  away  from  New  York, 
and  he  promised  to  see  Howe  and  get  money ;  he  kept  me  twenty-fonr  hours  in  trying 
to  get  money;  he  gave  me  the  money,  subsequently  getting  it  from  Howe  ;  I  embarked 
from  pier  B.  in  New  York,  and  went  on  the  Stonington  road  to  Boston  ;  I  got  there 
at  5  o’clock,  and  went  around  with  all  my  men  to  the  Tea  wharf  in  Boston  and  found 
there  the  vessel  which  I  was  promised  I  would  find. 

Q.  Who  promised  you  ? 

A.  Mr.  Bucknell.  When  I  came  to  this  vessel  it  was  in  the  morning,  between  6 
and  7.  I  embarked  my  men  at  once,  I  gave  them  breakfast,  and  started  at  half-past 
8  o’clock  for  Halifax,  and  arrived  there  on  the  30th  of  March.  When  I  came  to  Hal¬ 
ifax,  the  vessel  went  into  a  private  wharf,  and  I  was  put  on  shore  to  report  myself  to 
the  Provincial  Secretary  and  Sir  Gaspard  lb  Marchant. 

Q.  Who  was  Provincial  Secretary  ?  A.  Mr.  Wilkins. 

Q.  Is  he  the  man  who  signs  this  proclamation  ?  A.  Yes,  sir. 

Q.  Lewis  M.  Wilkins  ?  A.  Yes,  sir. 

Q.  When  you  got  to  the  wharf  you  went  on  shore  to  report  yourself  to  Wilkins  ? 

A.  I  did  so.  The  vessel  was  ordered  to  the  royal  wharf,  and  during  that  time  I  met 
some  regimental  surgeons  and  some  officers  of  the  76th  Regiment,  some  of  the  artil¬ 
lery.  Afterwards  Sir  Gaspard  lb  Marchant,  Governor  of  Nova  Scotia  himself,  came 
to  the  tea  wharf. 

Judge  Kane. — The  “tea  wharf?” 

Witness. — The  “  Queen’s  Wharf.”  He  ordered  me  to  file  the  company  in,  and 
show  them;  I  did  so,  and  Sir  Gaspard  lb  Marchant,  with  other  officers,  passed  along 
by  the  m;en,  and  inspected  the  men;  I  introduced  these  two  men,  I  had  with  me  as 
Lieutenants — they  were  received  by  the  officers,  as  officers ;  and  I  received  an  order 
from  lb  Marchant,  to  march  the  men  up  to  the  Hospital,  to  have  them  examined  and 
afterwards  to  march  them  out  to  Melville  Island  to  have  them  attested.  I  marched 
them  up  to  the  Hospital,  and  they  were  there  examined  and  two  or  three  men  rejected 
and  one  kept  back,  as  sick.  AU  the  others  I  marched  out  to  Melville  Island.  There 
they  had  the  British  barracks,  and  barracks  erected  for  the  foreign  legion ;  there  the 
men  were  attested.  After  the  man  is  enlisted  he  has  to  be  attested  and  sworn  as  a 
soldier. 

Judge  Kane — What  is  attesting? 

Witness — There  is  a  Judge  comes  to  the  quarters  of  the  soldiers,  and  then  the  officer 
is  there  and  the  Judge  swears  the  soldiers  in ;  that  is  the  act  of  attesting. 

Q.  What  is  the  form  of  the  oath  ? 

A.  The  form  of  the  oath  is  that  we  swear  to  serve  Her  Majesty,  the  Queen  of 
England  for  a  time,  3  or  5  years,  or  so  many  years  as  the  soldiers  agree  upon;  in 
this  case  the  agreement  was  for  3  or  5  years,  faithfully,  and  so  on.  * 

Q.  That  is  the  form  of  the  oath  ? 

A.  Yes,  sir,  that  is  the  oath  they  administered  to  each  of  those  men. 

Judge  Kane — Is  there  any  writing  precedes  it  ? 

A.  It  is  not  in  writing,  it  is  a  printed  form ;  it  is  signed  by  the  Judge,  and  after¬ 
wards  by  witnesses;  I  signed  nearly  all  of  them. 

Q.  Is  it  signed  by  the  recruit  ? 

A.  Yes,  sir,  it  is  signed  by  the  recruit ;  after  the  men  had  been  attested,  I  com¬ 
menced  the  drill,  and  bye-and-bye  the  men  received  clothing  and  arms  ;  I  was  at 
Melville  Island,  at  the  officers’  quarters,  with  the  two  other  officers  and  Dr.  Biell, 


20 


until  the  10th  of  !May ;  I  Tvas  entered  on  the  army  list,  as  was  the  other  officers,  and 
we  received  our  pay  and  were  treated  as  officers;  on  the  9th  or  11th  of  May,  5Ir. 
Cranipton  himself  came  up  to  Halifax,  in  order  to  make  better  arrangements  about 
this  recruiting  business,  as  many  men  had  been  arrested  in  the  States  and  kept  back; 
on  the  13th  of  May  I  received  a  letter  from  Lieutenant  Preston  of  the  76th. 

Q.  (Letter  shown  witness.)  Do  you  recollect  this  paper  ? 

A.  That  is  the  letter  of  Mr.  Preston,  in  Halifax,  when  he  told  me  that  Mr.  Crampton 
wanted  to  see  me. 

Q.  Who  is  Mr.  Preston? 

A.  Mr.  Preston  is  Lieutenant  in  the  7Gth  Regiment — the  officer  who  has  charge  of 
the  barracks  in  Niagara. 

The  note  was  read  as  follows : 

“  Dear  Strobel — I  am  directed  by  the  General  to  acquaint  you,  that 
Mr.  Crampton  wants  to  see  you  at  his  house,  at  10  o’clock,  to-morrow  morn¬ 
ing — be  punctual.  If  you  like,  come  up  to  my  house  at  half  past  9  o’clock, 
and  we  will  go  together.  •  Yours  Truly, 

J.  W.  Preston,  76th  Pieg’t. 

Tuesday,  13th  May,  Halifax.” 

Q.  Where  was  he  at  the  time  ? 

A.  At  the  time  he  was  at  the  Fort  in  Halifax  with  his  regiment;  the  letter  stated 
that  Mr.  Crampton  wished  to  see  me  at  his  quarters  at  10  o’clock  on  Sunday ;  I  went 
to  see  Crampton,  and  there  I  found  Sir  Gaspard  Ih  Marchant ,  I  went  there  with 
Preston,  and  I  was  ordered  by  Mr.  Crampton  to  make  a  plan  out  for  him  in  writing 
to  go  to  the  United  States — that  is,  to  those  cities  of  the  United  States  which  lie  on 
the  boundary  line,  such  as  Buffalo,  Rochester,  Cleveland,  Toledo,  Detroit,  Oswego 
and  others ;  I  wrote  a  plan  for  him  ;  I  said  that  I  would  want  so  many  officers,  and 
for  every  officer  a  non-commissioned  officer. 

Judge  Kane — Does  the  plan  affect  the  parties  on  trial  ? 

Mr.  Van  Dyke — I  think  so ;  it  was  after  arrests  had  taken  place  in  some  of  the 
W'estern  cities,  that  the  British  Minister  determined  to  change  the  plan  of  enlistment 
in  the  States,  and  this  witness  says  that  in  pursuance  of  that  determination  he  received 
a  letter  from  Lieutenant  Preston  to  call  at  the  quarters  of  Mr.  Crampton  ;  he  called 
there,  and  Mr.  Crampton  told  him  that  there  had  been  some  difficulty  about  the  re¬ 
cruits,  and  wished  him,  Strobel,  to  prepare  another  plan,  which,  if  adopted,  would 
avoid  that  difficulty;  he  prepared  this  plan  and  submitted  it  to  Mr.  Crampton,  and  if 
I  understand  it,  the  witness  will  say  that  the  plan  was  adopted  by  him  with  some  little 
variation,  and  the  recruiting  was  carried  on  in  the  United  States  in  accordance  with 
this  remodelled  plan. 

Judge  Kane — By  either  of  these  defendants  in  accordance  with  this  plan? 

Mr.  Yan  Dyke — If  I  may  be  permitted  to  anticipate  the  defence,  which  must  be  done 
more  or  less  in  every  case,  it  will  be,  I  suppose,  the  same  as  made  before  the  Commis¬ 
sioner  in  relation  to  Budd’s  company,  that  the  men  enlisted  in  Philadelphia,  in  that 
company,  as  the  defendants  allege,  were  nothing  more  or  less  than  a  set  of  men  en¬ 
gaged  to  work  on  the  railroad  in  Nova  Scotia  ;  we  intend  to  show  by  this  that  Hertz, 
in  so  representing,  was  but  carrying  out  the  remodeled  plan  adopted,  more  effectually, 


by  Mr.  Crampton,  at  Halifax.  I  shall  show  also  by  other  witaesses  that  at  a  period 
subsequent  to  that  of  Tyhich  the  ivitness  now  speaks,  and  after  the  defendants  were 
arrested,  the  defendant  H^rtz,  engaged  one  Baron  Van  Schwatzenhorn  and  one  Baron 
Schuminsky  to  carry  on  the  enlisting  business  in  Philadelphia,  and  that  another  com¬ 
pany  was  enlisted  by  such  agents  of  Hertz  in  a  manner  proposed  by  the  remodeled  plan. 

Mr.  Remak  in  reply,  stated  that  the  witness  had  sworn  that  Hertz  requested  him 
to  do  certain  things,  and  whatever  resulted  from  that  alleged  fact  was  admissible. — 
Mr.  Strobel  had  given  evidence  in  regard  to  drawing  a  plan,  but  he  had  not  sworn 
that  Hertz  commissioned  him  to  devise  or  draw  that  plan.  He  might  have  been  re¬ 
quested  by  Mr.  Crampton  to  draw  the  plan,  but  the  counsel  for  the  defence  could  not 
see  how  that  could  affect,  for  the  present,  his  client.  He  could  not  be  responsible 
for  the  acts  of  Strobel,  after  Strobel  had  done  what  he  requested  of  him,  and  if  he 
went  beyond  what  was  requested,  he  did  it  on  his  own  responsibility. 

Judge  Kane — The  evidence  taken  in  connection  with  the  offer  of  the  District  Attor¬ 
ney  is  admissable  entirely  as  it  stands,  in  the  same  category  with  evidence  originally 
given  by  him  of  concert  of  the  officer  with  the  British  Government.  H  it  is  not  brought 
home  to  either  of  the  parties  on  trial  by  subsequent  evidence,  of  course  it  will  not 
effect  them. 

Mr.  Van  Dyke.  I  do  not  wish  my  offer  to  be  misapprehended  by  the  counsel  for  the 
defence,  in  any  particular.  I  state  distinctly  to  the  Court  that  I  have  evidence  to 
show  that  there  was  a  regular  game  played  by  Her  Maj  esty’s  Envoy,  to  evade  the  law ; 
that  these  men  were  seemingly  engaged  to  work  on  a  railroad,  but  in  reality  enlisted 
to  serve  in  the  Foreign  Legion,  and  that  they  were  told  by  Hertz  if  any  person  ques¬ 
tioned  them,  to  reply  that  they  had  been  engaged  to  work  on  a  railroad  in  Nova  Scotia. 
I  have,  for  the  prosecution,  to  establish  certain  important  facts,  one  is  :  that  the 
sending  of  these  men  to  Nova  Scotia  was  for  the  purpose  of  their  being  enlisted  in 
the  Foreign  Legion,  and  their  sending  them  there  as  workmen  on  a  railroad  was  a 
specious  disguise,  under  which  they  hoped  to  evade  the  law  of  this  country.  If  I 
show  that  this  was  their  intention,  it  is  certainly  evidence,  and  the  crime  is  proved 
notwithstanding  their  attempt  at  evasion, 

Judge  Kane. — The  evidence  is  admissible. 

Q.  Did  you  prepare  that  plan  ?  A.  I  prepared  it. 

Q.  (Showing  a  paper)  Is  that  it? 

A.  Yes,  sir,  it  is  my  own  hand-writting,  it  is  the  plan. 

Q.  Was  this  submitted  to  Mr.  Crampton? 

A.  Not  this  one.  This  was  the  copy  I  first  made.  I  afterwards  made  a  clear  copy 
of  it  which  was  submitted. 

Q.  This  then  is  the  original  copy,  of  which  a  clear  copy  was  made  and  submitted 
to  Mr.  Crampton?  A.  Yes,  sir. 

The  paper  was  here  read  in  evidence  as  follows : — 

“I  have  the  honor  to  inform  his  Excellency,  the  Envoy  Extraordinary  of  Great  Britain, 
in  the  United  States,  and  his  Excellency,  Sir  Gaspard  lb  Marchant,  the  Governor  of 
Nova  Scotia,  of  the  plan  I  have  adopted  to  raise  the  greatest  possible  number  of  men 
in  several  different  cities  of  the  United  States,  on  the  boundaries  of  Canada. 

I  wish  to  station  in  Buffalo,  Lieutenant  Shumann  with  Corporal  Roth. 

In  Detroit,  Dr.  Reuss  with  Corporal  Kamper. 

In  Cleveland,  Dr.  Aschenfeldt  with  Sergeant  Krieger. 


22 


Opposite  to  Detroit,  Sergeant  Barchet  sliall  receive  the  individuals  sent  by  Dr. 
Reuss,  and  his  duty  Tvill  be  to  send  them  as  fast  as  they  arrive  by  railroad  to  Queens¬ 
town,  where  a  depot  must  be  established  and  a  Magistrate  ^appointed  to  enlist  and 
attest  the  men,  and  it  will  be  the  business  of  the  commanding  officer  of  this  depot, 
when  a  sufficient  number  is  together,  to  send  them  by  steamboat  wherever  his  Excel¬ 
lency  may  decide.  Those  officers  stationed  at  the  above  mentioned  cities  will  strictly 
follow  the  instructions  given  to  them,  through  me,  from  his  Excellency,  in  regard  to 
the  manner  and  way  to  be  used  in  encouraging  and  sending  such  individuals  who  are 
willing  or  desirous  of  leaving  the  United  States  to  enlist  in  the  British  service.  My 
intention,  in  giving  to  each  commission,ed  officer  a  non-commissioned  officer,  as  assis¬ 
tant,  is,  to  enable  those  gentlemen  to  find  out  said  individuals  and  to  avoid  .ibe  ne¬ 
cessity  of  employing,  for  this  purpose,  strangers  who  might  easily  deceive  them. 

My  opinion  is,  that  every  officer,  with  the  assistance  of  his  non-commissioned 
officer,  will  be  able  to  transact  all  the  business,  without  being  compelled  to  hire  regular 
agents  or  runners,  that  is  if  the  gentlemen  know  the  proper  way  of  managing. 

I  will  myself  visit  each  of  the  places  mentioned,  and  will  particularly  confine  myself 
to  where  my  presence  will  be  most  required.  I  shall  also  probably  visit  Chicago, 
where  doubtless  a  great  number  of  men  may  be  got.  We  can  then  agree  on  reasonable 
terms,  for  having  them  conveyed  by  railroad  to  Detroit,  which  expense,  in  my  opinion, 
would  not  exceed  $2  50  per  head. 

I  saw  all  the  officers  and  non-commissined  officers  yesterday  evening,  and  held  a 
long  conversation  with  them ;  the  result  of  which  is  that  we  all  perfectly  understand 
each  other,  that  they  are  all  entirely  satisfied,  and  that  every  one  is  willing  to  do  his 
very  best  in  regard  to  this  matter.  ' 

I  have  also  made  estimates  of  all  the  expenses  of  the  officers  connected  with  this 
matter  for  the  period  of  one  month,  at  their  diffei-ent  points  of  destination,  including 
their  traveling  expenses,  which  I  take  the  liberty  of  laying  before  your  Excellencies. 

Say  the  traveling  expenses  of  the  officers  from  this  place  to  their  dif¬ 


ferent  stations,  £10  sterling  each, .  $400  00 

To  Schumann,  Aschenfeld,  and  Reuss,  each  $240  per  month, .  720  00 


[From  this  money  each  has  to  pay  his  non-commissioned  officer,  and 
to  meet  all  other  expenses  that  may  be  necessary  in  sending  the  men 
over  on  the  Canadian  side,  pay  of  temporary  agents,  runners  and  tavern 
keepers,  included.] 

Pay  for  Weiss,  Barchet,  and  other  no  non-commissioned  officer,  $100 


each .  300  00 

My  traveling  expenses  from  town  to  town,  hotel  expenses,  pay  of  my 
non-commissioned  officer,  and  his  traveling  expenses, .  300  00 


$1720  00 

Thus  making  a  total  amount  of  $1720,  equal  to  £314  sterling. 

This,  or  at  most  £3G0,  would,  in  my  opinion,  be  the  amount  requisite  to  enable  ten 
officers  to  carry  on  operations  for  one  month ;  and,  with  reasonable  good  fortune,  to 
deliver  on  the  C.anadian  shore  a  large  number  of  serviceable,  able-bodied  men. 

I  have  the  honor  to  remain  your  Excellencies’ 

Most  obedient  humble  servant.” 

Q.  Was  that  plan  adopted? 


23 


A.  That  is  the  plan  which  was  approved  and  adopted  by  Mr.  Crampton  and  Sir 
Gaspard  Ih  Marchant,  and  I  received  orders  to  bring  next  morning,  at  11  o’clock,  the 
officers  mentioned  there,  four  non-commissioned  officers  of  my  company,  all  attested 
men  and  the  soldiers  to  the  Provincial  building,  and  meet  there  Sir  Gaspard  lb  Mar- 
chant  and  Mr.  Crampton.  I  went  there  with  those  men ;  I  met  there  Mr.  Crampton, 
Sir  Gaspard  lb  Marchant  and  Lieut.  Preston ;  I  was  ordered  to  leave  Halifax  imme¬ 
diately  and  repair  to  the  States,  and  I  left  Halifax  in  company  with  Mr.  Crampton  and 
Preston  of  the  76th,  with  officers  and  non-commissioned  officers;  when  I  saw  Mr. 
Crampton  there  I  was  in  uniform  and  my  non-commissioned  officers  were  in  uniform ; 
when  we  left  they  received  civil  clothes  from  the  government  there,  for  this  purpose 
and  went  on  with  me  ;  when  we  came  to  Portland,  Mr.  Crampton  gave  me  orders  to 
go  with  him  to  Quebec  to  see  Mr.  Head,  the  Governor  General  of  Canada,  to  have  a 
perfect  understanding  about  the  depot  and  the  means  of  sending  men  through  Canada 
to  Nova  Scotia;  I  went  with  him  ;  I  saw  Sir  Edmund  Head  in  the  presence  of  Mr. 
Crampton  ;  I  received  letters  from  Sir  Edmund  Head  to  get  barracks  at  Niagara  ; 
these  barracks  were  to  receive  the  men  who  were  sent  out  of  the  States  to  enlist  in  the 
foreign  legion;  I  received  also  at  Sir  Edmund’s  house — 

Judge  Kane.  I  am  anxious  not  to  go  beyond  the  limit  of  courtesy  to  a  foreign 
government.  I  do  not  wish  to  penetrate  what  was  dene  there  unless  it  appears  con¬ 
nected  with  the  persons  now  on  trial.  The  District  Attorney  must  guide  the  witnes^ 
after  this  suggestion,  so  as  to  avoid  the  appearance  of  too  close  an  inquiry  into  matters 
not  clearly  before  this  Court  as  matters  of  judicial  investigation. 

Mr.  Van  Dyke.  I  understand  the  suggestion  of  the  Court  and  will  try  to  keep  the 
witness  within  the  proper  bounds.  My  whole  object  is  to  get  the  general  plan  of 
operations  and  then  to  show  that  the  object  of  the  general  plan  was  to  procure  men 
from  the  States  to  join  this  foreign  legion,  and  that  the  defendant  co-operated  in  that 
general  plan. 

Q.  (Paper  shown.)  Will  you  look  at  that  paper,  and  state  what  it  is? 

A.  It  is  the  instructions  I  received  at  Quebec,  in  Sir  Edmund  Head’s  house,  out  of 
Mr.  Crampton’s  own  hands.  The  original  was  written  in  Mr.  Crampton’s  own  hand¬ 
writing,  and  was  written,  at  least  part  of  it,  in  my  presence  in  his  room.  This  is  a 
copy  made  from  the  original;  I  made  it  for  the  purpose  of  preserving  a  copy.  The 
original  I  gave  back  in  a  report  I  made  to  Sir  Gaspard  lb  Marchant,  in  Halifax.  That 
report  stated  what  I  had  done  to  clear  me  of  two  charges  made  against  me  up  there. 

Q.  That  then  is  a  copy  made  from  the  original  instructions  of  Crampton,  as  to  your 
duty  in  the  United  States  ? 

A.  That  is  a  copy  of  the  original  instructions  I  received  at  this  time  from  Mr. 
Crampton. 

The  paper  was  being  read  as  part  of  the  evidence,  when  on  motion,  a  recess  was 
taken  for  ten  minutes.  On  the  Court  re-assembling,  the  reading  of  the  paper  was 
concluded.  It  is  as  follows : — 

“  Memoranda  for  the  guidance  of  those  who  are  to  make  known  to  pei’- 
sons  in  the  United  Saates  the  terms  and  conditions  upon  which  recruits  will 
be  received  into  the  British  army  : — 

1.  The  parties  who  may  go  to  Buffalo,  Detroit  or  Cleveland,  for  this  pur¬ 
pose  must  clearly  understand  that  they  must  carefully  refrain  from  anything 
which  would  constitute  a  violation  of  the  law  of  the  United  States. 


24 


2.  They  must,  therefore,  avoid  any  act  which  might  bear  the  appearance 
of  recruiting  within  the  jurisdiction  of  the  United  States  for  a  foreign  ser¬ 
vice,  or  of  hiring  or  retaining  anybody  to  leave  that  jurisdiction  with  the 
intent  to  enlist  in  the  service  of  a  foreign  power. 

[Both  these  acts  are  illegal  by  the  act  of  Congress  of  1818,  sec.  2.] 

4.  There  must  be  no  collection,  embodiment  of  men,  or  organization 
whatever  attempted  within  that  jurisdiction. 

5.  No  promises  or  contracts,  written  or  verbal,  on  the  subject  of  enlist¬ 
ment  must  be  entered  into  with  any  person  within  that  jurisdiction. 

The  information  to  be  given  will  be  simply  that  those  desiring  to  enlist  in 
the  British  army,  facilities  will  be  afforded  for  so  doing  on  their  crossing  the 
line  into  British  territory,  and  the  terms  offered  by  the  British  Government 
may  be  stated  as  a  matter  of  information  only,  and  not  as  implying  any 
promise  or  engagement  on  the  part  of  those  supplying  such  information,  so 
long  at  least  as  tliey  remain  within  American  jurisdiction. 

7.  It  is  essential  to  success  that  no  assemblages  of  persons  should  take 
place  at  beer  houses  or  other  similar  places  of  entertainment,  for  the  pur¬ 
pose  of  devising  measures  for  enlisting,  and  the  parties  should  scrupulously 
avoid  resorting  to  this  or  similar  means  of  disseminating  the  desired  infor¬ 
mation,  inasmuch  as  the  attention  of  the  American  authorities  would  not 
fail  to  be  called  to  such  proceedings,  which  would  undoubtedly  be  regarded 
by  them  as  an  attempt  to  carry  on  recruiting  for  a  foreign  power  within  the 
limits  of  the  United  States;  and  it  certainly  must  be  borne  in  mind  that 
the  institution  of  legal  proceedings  against  any  of  the  parties  in  question, 
even  if  they  Avere  to  elude  the  penalty,  would  be  fatal  to  the  success  of  the 
enlistment  itself. 

8.  Should  the  strict  observance  of  these  points  be  neglected,  and  the 
parties  thereby  involve  themselves  in  difficulty,  they  are  hereby  distinctly 
apprized  that  they  must  expect  no  sort  of  aid  or  assistance  from  the  British 
Government — this  government  would  be  compelled  by  the  clearest  dictates 
of  international  duty  to  disavow  their  proceedings,  and  would  moreover  be 
absolved  from  all  engagements  contingent  upon  the  success  of  the  parties  in 
obtaining  by  legal  means  soldiers  for  her  Britanic  Majesty’s  Army.” 

Examination  continued  by  Mr.  Van  Dyke. 

Q.  The  paper  just  read  you  copied  from  the  original  one  in  the  hand- writing  of  Mr. 
Crampton?  A.  Yes,  sir. 

Q.  (.4^nother  paper  shown  witness.)  In  whose  hand- writing  is  paper? 

A.  At  that  very  time  I  also  received  this  cypher  to  telegraph  with  to  Mr.  Crampton, 
and  to  Halifax,  about  this  reeruiting  business;  I  cannot  swear  as  to  whose  hand¬ 
writing  it  is  in,  but  I  believe  it  is  Mr.  Crampton’s;  I  did  not  see  him  write  it,  but,  he 
handed  it  to  me. 


25 


The  paper  was  here  given  in  evidence,- 
Letter.  Cypher. 

—the  following  is  a  copy  : 
Letter. 

Cypher. 

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Q.  You  ■were  to  telegraph  him  by  this  cypher,  instead  of  the  usual  way? 

A.  Yes,  sir. 

Q.  What  was  the  object  in  giving  you  this  cypher  ? 

A.  Such  cyphers  were  given  to  several  otficers — to  Mr.  Smolensk!,  Mr.  Cartensen, 
and  men  actually  engaged  in  the  recruiting  business,  received  those  cyphers. 

Q.  Was  it  for  the  purpose  of  avoiding  detection  ? 

A.  It  was  for  the  purpose  of  avoiding  detection  and  avoiding  any  difficulties  with 
the  authorities  here.  It  was  to  enable  me  to  telegraph  to  Mr.  Crampton,  from  every 
place  I  might  visit,  without  the  people  in  the  telegraph  offices  understanding  it. 

Q.  Were  all  the  officers  sent  on  this  recruiting,  to  telegraph  to  Mr.  Crampton  as  to 
their  proceedings,  and  was  that  cypher  to  be  used  ?  A.  Yes,  sir. 

Q.  (Card  shown  witness.)  What  is  that? 

A.  That  is  a  card  of  invitation  to  Sir  Gaspard’s  table,  in  Halifax,  received  on  the 
8th  April. 

The  card  was  read  as  follows : 

“His  Excellency,  Sir  Gaspard,  and  Lady  lb  Marchant,  request  the  honor  of  Captain 
M.  F.  0.  Von  Strobel’s  company  at  Dinner,  on  Sunday,  8th  April,  at  ^  to  7  o’clock. 
Belvideee.”  An  answer  is  requested.” 

Q.  Are  these  also  cards  of  invitation  to  you?  A.  Yes,  sir. 

The  cards  are  h6re  read  as  follows : 

“Colonel  Clarke, 

The  Officers  of  the  Seventy-Sixth  Regiment 
Repuest  the  Honor  of 

CAPT.  STROBED  &  THE  OFFICERS  OF  THE  FOREIGN  LEGION, 
Company  at  Dinner, 

On  Wednesday,  \Sth  April.  An  Answer  will  ohlige.'  ’ 

“  Colonel  Fraser,  Colonel  Stotherd, 

And  the  Officers  of  the  Royal  Artillery  and  Royal  Engineers, 

Request  the  honor  of 
CAPT’N  MAX  F.  0.  STROBEL’S 
Company  at  Dinner, 

On  Tuesday,  the  2>d  April,  at  Seven  o'clock. 

Artillery  Park."  Are  answer  is  requested. 

Judge  Kane. — What  are  these  papers  for? 

Mr.  Van  Dyke. — To  corroborate  what  the  witness  says. 

Judge  Kane. — When  the  witness  is  impeached,  it  will  be  time  enough  to  corroborate 
what  he  says. 


26 


Mr.  Van  Djke. — I  Tvithclraw  this  paper. 

Q.  (Letter  shown  witness.)  Did  you  receive  that  letter  from  Mr.  McDonald? 

A..  Yes,  sir.  He  is  an  ofiBcer  in  the  Provincial  Secretary’s  office. 

The  letter  was  here  read  in  evidence  as  follows : 

'  “  Pkovincial  Secretary’s  Office, 

May  3d,  1855. 

Dear  Sir: — I  am  directed  by  His  Excellency,  tlie  Lieutenant  Governor, 
to  introduce  to  you  the  bearer.  Lieutenant  Kuentzel.  He  comes  with  letter 
to  Sir  Gaspard  from  Mr.  Crampton.  You  will  please  explain  to  him  the 
steps  necessary  for  him  to  take  to  secure  his  commission. 

Your  Ob’t  Serv’t, 

Bruce  McDonald. 

Capt.  Strobed,  1st  Comp’y  Foreign  Legion.” 

Q.  (Letter  shown  witness.)  Do  you  recollect  this  letter  ? 

A.  This  is  a  letter  written  by  Preston  to  me,  while  I  was  actively  engaged  in  recruit¬ 
ing  men  in  Buffalo,  Cleveland,  Detroit  and  other  place^.  !Mr.  Preston  had,  at  that 
time,  charge  of  the  barracks  in  Niagara. 

The  letter  was  read  in  evidence.  It  is  as  follows : 

Dear  Smith  : — I  send  you  the  accompanying  order,  in  currency  equal  to 
£80  sterling,  which  please  send  me  a  receipt  for  by  return  of  post.  I  find 
I  cannot  make  any  arrangement  with  the  railroad  people  here.  They  say 
the  tickets  had  better  be  paid  for  at  Windsor,  which  I  think  is  best  also,  fof 
then  the  men  will  come  to  me  clear  of  ex23ense,  which  is  the  intention.  Tell 
Shuman  and  Dr.  Aschenieldt  to  telegraj^h  me  how  they  are  getting  on  at 
once,  and  how  many,  or  if  they  have  got  any  men.  Let  me  hear  also  from 
you.  Yours  Truly, 

J.  W.  Preston,  79th  Begiment. 

Niagara,  4th  June,  1855.” 

Witness — This  Mr.  Preston  afterwards  took  command  of  the  depot  that  was  estab¬ 
lished  in  Niagara  town. 

Q.  This  letter  says  “Dear  Smith,”  what  was  the  meaning  of  that? 

A.  I  was  obliged  to  take  that  name  because  I  was  known  as  being  previously  con¬ 
nected  with  enlisting  in  the  States. 

Q.  (Paper  shown  witness.)  What  is  this  ? 

A.  That  is  a  telegraph  I  received  from  Preston. 

The  paper  was  read  in  evidence,  as  follows  : 

Windsor,  June  4th,  1853. 

(By  telegraph  from  Niagara,) 

To  Mr.  Smith. — How  many  men  have  you  got  ?  Money  leaves  here  to¬ 
morrow  morning  by  mail,  on  U.  C.  Bank — answer  immediately. 

J.  W.  Preston. 

Witness— Mr.  Preston  was  the  medium  between  myself  and  Ife  Marchant.  At  Hali¬ 
fax,  Preston  received  the  orders  from  lb  Marchant  and  telegraphed  them  to  me. 

Q.  (Paper  shown  witness.)  This  is  another  telegraph  from  Preston,  is  it  not  ? 

A.  Yes,  sir. 


The  telegraphic  dispatch  -was  read  in  evidence,  as  follows  : 

Windsor  Castle^  7tli  June,  1855. 

(By  Telegrapli  from  Niagara.) 

To  Mr.  Smith  : — Send  in  statement  of  money  issued  and  how  applied. 
Tell  all  the  others  to  send  me  similar  statements  3 — until  such  arrive  I  can¬ 
not  issue  for  next  month.  J.  W.  Preston. 

(Paid.) 

Q.  Go  on  and  statewhat  occurred  after  you  left  Quebec  ? 

A.  I  left  Crampton  in  Quebec  and  traveled  with  Preston  and  another  English  gen¬ 
tleman,  Captain  Bowls,  to  Montreal ;  I  there  received  orders  for  another  English 
officer  in  Toronto,  to  give  over  tousthe  barracks  in  Niagara  town;  Preston  took  charge 
of  the  barracks  ;  I  met  my  officers  who  I  had  sent  from  Portland  to  Niagara  ;  they 
were  sent  from  Portland  to  Niagara  Falls  ;  I  met  them  at  Niagara  Falls,  and  directed 
them  to  go  to  different  places  ;  to  Cleveland,  Detroit  and  Buffalo,  and  afterwards  I 
sent  one  non-commissioned  officer  to  Chicago;  I  was  called  back  ;  I  commenced  it  about 
the  4th  of  June,  and  I  was  recalled  on  the  13th,  and  arrived  back  in  Halifax  ;  I  was 
recalled  by  the  officers,  because  during  this  time  I  was  only  able  to  enlist  60  or  70 
men,  and  Sir  Gaspard  expected  a  great  many  more  ;  and  through  this,  on  account  of 
the  intrigues  of  Mr.  Preston,  and  some  other  officers  who  were  anxious  to  receive  com¬ 
mands  in  this  foreign  legion,  I  was  recalled  to  Halifax  ;  I  was  charged  with  having 
kept  two  officers  on  the  Canada  shore  instead  of  sending  them  all  into  the  States,  and 
I  myself,  instead  of  traveling  and  going  to  Chicago,  Cleveland  and  all  around  all  the 
time  to  every  place,  was  charged  with  stopping  too  long  in  one  place,  in  Windsor. 

Q.  Who  made  those  charges  ? 

A.  They  were  made  by  Mr.  Preston  and  sent  to  Halifax. 

Q.  Who  sent  to  you  and  told  of  them  ? 

A.  Sir  Gaspard  lb  Marchant.  He  said  that  these  charges  had  been  made,  and  that 
was  the  reason  I  was  sent  for  to  Halifax.  I  requested  a  court  martial,  and  wrote  a 
long  account  to  lb  Marchant.  I  also  sent  it  to  Crampton,  by  a  friend  of  mine,  Mr. 
Ochlschlager ;  my  company  was  still  at  Melville  Island,  under  the  command  of  one  of 
the  officers  I  left  there. 

Q  You  saw  them  there  at  that  time? 

A.  I  was  forbidden  to  see  the  men,  and  the  men  had  strict  notice  not  to  converse 
with  me,  at  least  the  men  received  such  notice  the  second  day  I  was  there.  I  told 
the  Governor  General,  that  under  such  circumstances  I  would  leave,  and  the  Sergeant 
was  put  in  irons,  and  fifty  men  of  my  company  sent  to  prison,  for  conferring  with  me 
by  sending  to  me  their  non-commissioned  officer.  I  left  Halifax  with  the  America, 
and  came  back  to  the  States,  and  since  that  time  I  have  had  nothing  to  do  with  this 
concern.  I  saw  Hertz  here  afterwards.  Mr.  Crampton  took  the  address  of  every  one 
of  the  agents  who  had  been  engaged  in  recruiting  at  that  time  in  Boston,  New  York, 
Philadelphia  and  Baltimore,  and  told  me  that  he  was  going  to  see  them. 

Q.  Who  did  he  take  as  the  name  of  the  person  in  Philadelphia  ? 

A.  Mr.  Hertz  was  the  man  recruiting  in  Philadelphia. 

Q.  By  Mr.  Remak.  Who  said  so  ? 

A.  Mr.  Crampton  took  the  names  of  different  persons  recruiting  in  different  cities. 

Q.  Whose  name  did  he  take  as  the  person  in  Philadelphia  ? 

A.  He  knew  the  names  already,  but  took  the  address  of  every  one  of  those  gentlemen^ 


28 


Q.  From  you  ? 

A.  From  me,  those  I  had  in  my  possession,  the  address  of  Captain  Carstenesn,  of 
Boston,  and  other  parties  in  New  York ;  of  Smolenski,  and  the  address  of  a  friend  of 
mine  in  Baltimore. 

Q.  Did  Crampton  take  the  address  of  Hertz  from  you  ? 

A.  He  said  he  knew  all  about  the  proceedings  against  Hertz,  and  when  he  came  to 
Philadelphia,  he  would  settle  with  every  one  of  those  gentlemen,  and  arrange  matters 
in  a  different  way,  because  he  thought  proper  not  to  send  men  by  the  vessels  any 
more,  but  by  railroad  into  Can  ada. 

Q.  Do  you  know  about  his  giving  any  order  about  engaging  emigrant  runners  ? 

A.  Yes,  sir  ;  he  allowed  me  to  pay  every  runner  $4  for  a  man. 

Q.  Do  you  know  what  Hertz  was  to  get  for  every  man  he  sent  ? 

A.  I  do  not  know  exactly  the  amount  Jlr.  Hertz  received,  I  know  he  received 
money ,  and  I  know  that  they  said  in  Halifax,  that  Mr.  Hertz - 

Mr.  Remak — I  object  to  that. 

Q.  By  jMr.  Van  Dyke. — Did  you  ever  hear  from  Hertz  or  any  other  person  or  persons 
in  his  presence,  say  that  he  received  any  money,  and  how  much  ? 

A.  Yes,  sir,  I  heard  Mr,  Hertz  say  he  had  received  money,  but  never  enough  to 
cover  his  own  expenses. 

Q.  Did  he  tell  you  fi-om  whom  he  received  it  ? 

A.  He  told  me  that  he  would  receive  money  from  Mr.  Howe. 

Q.  Mhat  else  did  he  say  to  you  in  reference  to  this  matter  ? 

A.  Mr.  Hertz  told  me  he  had  connection  with  the  English  Government,  and  that 
Sir.  Crampton  and  Sir.  Howe  were  the  proper  agents  for  paying  out  the  money,  and 
giving  tickets  and  giving  recommendations  for  officers  to  get  commissions.  Sir.  Hertz 
said  so,  and  said  he  had  instructions  from  the  British  Government  to  that  effect,  and 
that  he  would  receive  head-money  for  the  men.  He  mentioned  Howe  and  Crampton 
as  persons  from  whom  he  received  it. 

Q.  Did  he  mention  any  other?  A.  Not  that  I  know  of. 

Q.  Was  Sir.  1300110011  known  to  Sir.  Hertz  ? 

A.  He  did  not  mention  him  as  a  person  engaged  in  it,  or  who  had  engaged  him  in  it. 

Q.  Did  he  mention  any  other  besides  Sir.  Crampton  and  Sir.  Howe  ? 

A.  Not  tha  I  know  of. 

Q.  Not  that  you  recollect  ?  A.  I  do  not  recollect  any  other  person. 

Q.  (Paper  shown ;)  is  that  the  report  you  made  to  Sir.  Crampton  of  the  transaction  ? 

A.  That  is  the  report  I  made  to  Sir.  Crampton. 

Q,  Was  it  delivered  to  him  ? 

A.  I  sent  it  to  Washington,  but  the  bearer  did  not  find  Sir.  Crampton  there,  he  had 
at  that  time  gone  up  to  Niagara  ;  I  sent  a  friend  to  Washington  with  this  report  to 
Crampton,  to  let  him  know  everything  that  occurred. 

Q.  When  he  did  not  find  Crampton  in  Washington  where  did  he  take  it  to  ? 

A.  He  took  it  to  New  York  and  left  it  with  Sir.  Stanley,  the  vice  consul  there. 

[The  report  was  here  given  in  evidence.  It  contains  a  full  history  of  the  transac¬ 
tion,  from  the  time  the  witness  (Strobel)  left  Halifax  until  his  return.] 

It  is  as  follows  ; 

To  Ills  Excellency  Sir  Gaspard  le  Marchant,  Lieut.  Governor  of  Lova  Seotia. 

Sir — After  having  laid  before  you  my  plan  for  raising  troops  for  the  British  army 
in  the  United  States  and  on  the  Canada  frontier,  I  received  from  you,  at  the  Provincial 


29 


Building,  Halifax,  N.  S.,  in  the  presence  of  His  Excellency,  Mr.  Crampton,  Minister 
from  Great  Britain  to  the  United  States,  Mr.  Preston,  Lieut.  76th  Kegiment,  and 
officers  of  the  Foreign  Legion,  the  following  instructions : — 

“You  will  repair  immediately  to  the  United  States,  accompanied  and  assisted  by 
Di'S.  Aschenfeld  and  Reuss,  Lieut.  Shuman,  Mr.  Mirback,  and  four  non-commissioned 
officers,  to  raise  men  for  the  British  army  within  the  jurisdiction  of  that  Government. 
You  will,  in  accordance  with  your  plan  submitted  to  me,  station  said  officers  and  non¬ 
commissioned  officers  at  the  posts  agreed  upon,  unless  it  may,  in  your  judgment,  appear 
expedient  to  alter  the  details  of  said  plan.  You  are  also  authorized  to  order  back  to 
Halifax  any  of  your  assistants  who  may,  in  your  opinion,  be  incompetent  for  the  ser¬ 
vice,  or  who  may  neglect  the  duty  assigned  to  them.  You  will  receive  traveling  ex¬ 
penses  for  yourself,  officers  and  non-commissioned  officers,  also,  before  leaving 
Halifax,  the  half  monthly  pay  as  per  estimates,  in  advance,  for  officers  and  men.  At 
the  expiration  of  the  half  month,  you  are  authorized  to  draw  from  Mr.  Preston  the 
half  monthly  pay  again  in  advance,  and  so  on.  You  are  further  authorized  to  draw 
on  Mr.  Preston  for  such  sums  as  you  may  require  for  the  transportation  of  men,  head 
money,  &c.  You  will  receive  all  orders  from  me  through  Mr.  Preston,  whom  you 
will  consider  as  my  acting  aid-de-camp  in  this  matter,  and  you  will  be  the  meflium 
to  transmit  those  orders  to  your  officers,  so  that  there  can  be  neither  interference 
with,  nor  interruption  of  the  plans  laid  down  by  you.  Mr.  Preston  will  be  command¬ 
ing  officer  of  the  recruiting  depot  at  Niagara  town.  You  will  exercise  no  interference 
with  the  transmission  of  men  from  Niagara  to  Halifax,  but  will  confine  yourself 
strictly  to  the  duty  of  obtaining  men  in  the  United  States,  and  of  forwarding  the  same 
to  Mr.  Preston,  at  Niagara.  You  are  authorized  to  employ  such  assistants  as  you  in 
your  judgment  may  deem  necessary,  and  are  further  empowered  to  state,  in  my  name, 
to  any  gentlemen  bringing  a  certain  number  of  men,  say  120,  that  they  will  receive 
from  the  British  Government  commissions  as  captains  in  the  Foreign  Legion,  and 
others,  different  commissions,  in  proportion  to  the  number  of  men  they  may  bring.” 

In  accordance  with  the  above  instructions,  I  started  from  Halifax  on  the  l-5th  of 
May,  accompanied  by  my  officers,  as  above  mentioned.  At  Windsor,  N.  S.,  I  fell  in 
with  His  Excellency,  Mr.  Crampton,  Lieut.  Preston,  and  Capt.  Bowls,  who  had  left 
Halifax  the  sapae  day.  We  traveled  together  to  Portland,  Me.,  where  we  arrived  on 
the  18th  ult.  Mr.  Crampton  requested  me  to  go  with  him  to  Quebec,  L.  C.,  as  he 
was  desirous  that  we  should  have  a  perfect  understanding  with,  and  the  full  co-opera¬ 
tion  of  His  Excellency,  Sir  Edmund  Head,  Governor  of  Canada.  In  compliance  with 
this  request,  I  ordered  my  officers  and  non-commissioned  officers  to  repair  to  Niagara 
Falls,  there  to  await  my  arrival.  We  arrived  at  Quebec  on  the  20th  ult ,  and  on  the 
following  day  were  received  by  His  Excellency,  Sir  Edmund  Head,  and  held  a  confer¬ 
ence  with  him,  in  which  he  offered  his  best  assistance  in  forwarding  our  object,  and 
at  once  gave  up  the  barracks  at  Niagara  town,  as  a  recruiting  depot,  and  accordingly 
sent  for  Major  Elliot,  which  proceedings  detained  us  until  the  23d  ult.  On  the 
evening  of  that  day,  Lt.  Preston,  Capt.  Bowls,  and  myself  started  in  company  with 
Major  Elliot  for  Montreal,  where  we  arrived  on  the'  morning  of  the  24th  of  May. 
Arrangements  were  then  entered*  into  with  Col.  Bell,  in  regard  to  the  barracks  at 
Niagara  and  La  Prairie.  On  the  following  day  I  started  alone  forNiagara  Falls,  C.  AY., 
where  I  arrived  on  the  morning  of  the  27th.  Lieut.  Preston  and  Capt.  Bowls  started 
for  Toronto  on  the  25th,  and  hence  did  not  arrive  at  Niagai-a  Falls  till  the  28th.  These 
gentlemen  remained  at  Niagara  Falls  till  the  30th,  when  they  took  possession  of 


30 


Butler  barracks,  and  the  first  arrangements  were  made  for  forwarding  recruits  to 
that  station.  As  your  Excellency  will  here  observe,  I  was,  up  to  this  moment,  viz  ; 
the  30th  or  31st  of  May,  unable  to  move  one  step  in  the  object  of  our  expedition,  it 
having  required  all  the  time  to  arrange  the  preliminaries.  On  the  same  day  that  Mr. 
Preston  left  for  Niagara  town,  I  learned  from  Dr.  Aschenfeldt  and  Mr.  Shuman,  that 
the  conduct  of  two  of  my  non-commissioned  ofiicers.  Sergeants  Both  and  Krieger,  had 
been  unworthy  of  the  confidence  reposed  in  them,  and  I  therefore  deemed  it  advisable 
to  send  the  said  men  to  Lieut.  Preston  at  Niagara  town.  I  also  thought  it  necessary 
to  send  to  Niagara  one  of  my  officers  for  a  double  purpose.  1st.  To  act  for  Mr. 
Preston  as  Interpreter  on  the  arrival  of  recruits,  and  2d,  as  we  were  unable,  actually, 
to  enlist  the  men  in  Canada,  I  deemed  it  well  that  some  German  of  experience  and 
age  should  be  with  the  recruits  sent  on,  to  keep  them  in  proper  spirits,  and  to  prevent 
any  loss  by  desertion  from  the  barracks  or  in  transitu  to  Halifax.  I  accordingly 
deputed  Mr.  Mirback  for  this  service,  and  with  the  license  permitted  me  in  your  in¬ 
structions  of  the  14th  of  May,  was  therefore  obliged  to  modify  my  plan  to  suit  this 
emergency.  On  the  30th  inst.  I  went  with  Lieut.  Shuman  to  Buffalo.  Ilavingvisited 
some  of  the  localities  in  that  place  and  Fort  Erie,  on  the  opposite  shore  of  the  Niagara 
river,  I  gave  Lieut.  Shuman  the  following  orders,  in  accordance  with  the  instructions 
I  had  received  from  Mr.  Crampton,  and  which  I  respectfully  beg  leave  to  subjoin. 
1st.  1  ordered  Mr.  Shuman  to  take  up  his  quarters  on  the  Canada  shore,  at  the 
village  of  Fort  Erie.  2d.  To  have  his  non-commissioned  officer.  Corporal  Kamper, 
stationed  in  Buffalo.  3d.  To  go  daily  to  Buffalo,  and,  in  connection  with  Corporal 
Kamper,  there  to  make  such  inquiries  as  might  lead  to  the  obtaining  of  men.  4th. 
To  send  the  men  as  quickly  as  he  should  obtain  them  to  Lt.  Preston,  at  Niagara, 
and  at  the  same  time  to  report  to  me  regularly  the  number  of  men  obtained,  and  all 
circumstances  relating  to  them.  5th.  To  take  particular  pains  to  lay  out  no  moneys 
on  the  American  side,  but  whatever  related  to  the  expenditures  to  induce  runners  to 
bring  men  to  him,  should  be  positively  and  rigidly  transacted  on  the  Canada  shore; 
and  further,  if  it  were  necessary  to  keep  men  together  for  a  longer  term  than  one  day, 
to  be  careful  to  do  so  without  the  precincts  of  the  United  States.  This  latter  order  is 
strictly  in  accordance  with  articles  2d  and  4th  of  Mr.  Crumpton’s  instructions.  On 
the  same  evening.  May  30th,  I  ordered  Dr.  Reuss  to  leave  for  Detroit,  and  informed 
him  that  he  would  co-operate  with  Dr.  Aschenfeldt, ‘who  would  be  stationed  at  Wind¬ 
sor,  on  the  Canada  shore  of  the  Detroit  river.  I  also  communicated  to  him,  in  effect, 
the  same  orders  I  had  already  given  to  Mr.  Shuman.  I  went  to  Niagara  town  to  draw 
the  half  monthly  advance  pay  for  officers,  on  the  31st  May.  As  Mr.  Preston  was 
unable  to  pay  me  the  amount  which  I  required,  he  gave  me  but  £10  sterling.  On  the 
1st  June  I  left  Niagara  town,  accompanied  by  Dr.  Aschenfeldt,  for  Cleveland,  Ohio, 
where  I  had  already  stationed  Sergeant  Barchet.  Passing  through  Buffalo,  I  saw 
Lieut.  Shuman,  and  supplied  him  with  some  money  for  a  few  days,  until  I  should  ob¬ 
tain  the  balance  of  the  half  monthly  pay  from  Mr.  Preston.  On  the  2d  inst.  I  saw 
Barchet  in  Cleveland,  and  supplied  him  with  as  much  money  as  I  could  spare.  On 
the  3d  I  arrived  with  Dr.  Aschenfeldt  at  Detroit ;  I  saw  Dr.  Reuss,  and  supplied  him 
with  money.  I  then  supplied  Dr.  Aschenfeldt  with  money,  and  left  him  at  Windsor. 
On  the  4th  of  June  I  again  started  for  Niagara  town,  in  order  to  receive  from  Mr. 
Preston  the  balance  of  the  second  half  monthly  pay,  which  I  must  here  remark  was  a 
most  useful  journey,  both  as  regards  the  expense  and  the  loss  of  time.  Had  the 
money  been  properly  forthcoming  in  the  first  instance  this  journey  would  have  been 


31 


avoided,  but  I  determined,  as  I  was  now  obliged  to  go  there,  to  make  use  of  the  jour¬ 
ney  as  a  means  of  again  visiting  the  different  posts,  and  paying  to  the  officers  the 
balance  of  their  half  monthly  dues.  In  this  I  was  again  frustrated  by  a  failure  of  the 
Telegraph  Office  in  sending  me  a  dispatch  of  Mr.  Preston,  as  a  check  had  already 
been  sent  by  mail  for  the  amount.  In  spite  of  this,  however,  I  telegraphed  from 
Niagara  to  Mr.  Shuman,  to  meet  me  at  Chippewa,  and  report  to  me  the  result  of  his 
proceedings  in  Buffalo.  His  report  was  much  to  my  regret,  and  contrary  to  all  my 
expectations,  very  disheartening— he  having  sent  but  four  or  five  men  to  Niagara. 
Having  learned  by  letter  from  Albany,  N.  Y.,  that  there  was  a  fair  prospect  at  that 
place  of  obtaining  from  fifty  to  one  hundred  men,  I  ordered  Mr.  Shuman  to  direct 
Corporal  Kamper  to  undertake  the  whole  business  in  Buffalo,  and  to  repair  at  once  to 
Albany,  there  to  place  himself  in  connection  and  communication  with  the  Emigrant 
offices  and  Intelligence  depots  there,  and  to  use  his  most  strenuous  efforts  to  obtain 
men.  Also,  to  communicate  with  me  at  once  on  the  subject.  As  I  have  already 
stated,  the  check  for  the  balance  of  the  pay  had  been  sent  to  Windsor,  while  I  was  in 
transitu  between  that  place  and  Niagara.  I  was,  therefore,  without  money,  and  gave 
Lieut.  Shuman  a  draft  on  Mr.  Preston  for  £20  sterling,  knowing  that  it  would  require 
at  least  three  days  for  me  to  forward  the  money  from  Windsor  to  him.  On  presenta¬ 
tion  Mr.  Preston  refused  to  honor  the  draft.  Considering  that  these  matters  would 
be  in  proper  train  in  Buffalo,  and  supposing  that  Shuman  would  leave  at  once  for 
Albany,  I  returned  to  Windsor,  in  order  to  receive  a  report  from  Sergeant  Barchet, 
stationed  at  Cleveland,  and  to  inform  myself  how  matters  were  progressing  in  Detroit. 
I  returned  to  Windsor,  C.  W.,  on  the  evening  of  the  7th  inst.  On  the  following  morn¬ 
ing,  to  my  utter  astonishment,  Mr.  Sherman,  who  was  kept  by  Mr.  Preston  at  the 
depot,  and  in  consequence  of  it  was  not  able  to  see  his  men  off  at  Buffalo  again,  nor 
to  supply  him  with  money,  and  to  give  him  orders  in  regard  to  my  sending  Mr.  Shu¬ 
man  to  Albany,  had  left  Niagara,  by  order  of  Mr.  Preston.  The  night  train  came 
into  Windsor  in  sixteen  hours  after  my  arrival,  bringing  me  the  subjoined  order  from 
Mr.  Preston,  marked  X.  As  the  order  purports  to  have  emenated  from  Your  Excel¬ 
lency,  I  promptly  obeyed  the  same,  and  sent  Mr.  Shuman  to  Cleveland  for  Barchet’s 
account,  at  the  same  time  giving  him  those  of  Drs.  Aschenfeldt  and  Ileuss  and  my 
own,  giving  him  no  further  orders,  but  simply  telling  him  to  return  to  Mr.  Preston 
as  soon  as  possible.  I  had  received  from  Barchet  the  information  that  matters  in 
Cleveland  were  as  disheartening  as  in  Buffalo,  also  saying,  that  a  Mr.  Seybert,  who 
keeps  an  Intelligence  office  there,  was  willing  to  undertake  the  business  if  we  could 
station  some  one  at  Port  Stanley,  for  the  purpose  of  receiving  men  whom  he  would 
send  there.  I  wrote  to  Mr.  Preston,  requesting  him  to  send  a  non-commissioned 
officer  or  some  other  person  to  Port  Stanley,  to  receive  the  men  whom  Mr.  Seybert 
might  send.  This  request  was  unattended  to,  and  Mr.  Preston  did  not  even  condescend 
to  notice  it. 

From  all  that  I  could  learn,  Chicago  and  Milwaukie  offered  large  inducements  as  a 
field  for  our  operations,  and  as  I  thought  the  port  of  Cleveland  would  have  been 
provided  for  by  Mr.  Preston,  in  accordance  with  my  request,  I  sent  Barchet  on  the 
11th  inst.,  in  company  with  another  man,  to  Chicago,  also  Dr.  Eeuss  to  Toledo,  which 
place  I  had  myself  visited,  and  deemed  a  good  port  for  obtaining  men.  I  directed 
Barchet  to  communicate  with  me  by  telegraph,  or  otherwise,  as  soon  as  my  presence 
and  the  money  for  tickets  should  be  requisite  in  Chicago  for  bringing  men  to  Niagara. 

On  this  day,  the  11th  inst.,  Mr.  Theo.  A.  Oehlschlager  arrived  at  Windsor  from 
Niagara  Falls.  Mr.  Oehlschlager  is  a  gentleman  already  known  to  Mr;  Crampton, 


32 


and  of  •whom  Mr.  Crampton  and  myself  had  several  conversations.  I  spoke  very 
favorably  of  him,  and  Mr.  Crampton  advised  me  to  obtain  so  valuable  an  assistant. — 
Mr.  Oehlschlager  is  a  British  subject  by  birth,  being  a  native  of  Quebec,  L.  C.,  speaking 
German  like  a  native,  and  French  -with  fluency,  the  value  of  his  assistance  cannot  be 
over-estimated.  Having,  as  I  have  already  stated,  lost  two  non-commissioned  officers, 
and  having  stationed  one  ofScer  permanently  ■with  Mr.  Preston,  I  felt  the  necessity  of 
more  assistance,  and  knowing  no  one  more  competent,  I  accordingly  wrote  for  him 
from  Cleveland  on  the  2d  June.  I  remained  at  Windsor  the  12th  and  13th  insts.,  in 
the  expectation  of  receiving  a  letter  from  Barchet,  and  also  anticipating  the  return 
of  Dr.  Reuss  from  Toledo  with  men.  On  the  morning  of  the  13th  I  received  a  letter 
from  Barchet,  stating  that  Chicago  was  a  capital  place,  and  that  a  great  many  men 
might  there  be  obtained,  but  it  would  be  necessary  to  forward  them  immediately,  as 
it  would  be  impossible  to  keep  them  long  together.  I  accordingly  wrote  at  once  a 
letter  to  Mr.  Preston,  requesting  him  to  send  me  j£l00  sterling.  Before  this  letter 
was  mailed,  I  received  the  following  despatch  from  Mr.  Preston — “  Send  Aschenfeld 
back  immediately.”  I  accordingly  did  so,  sending  the  letter  I  had  written  by  Dr. 
Aschenfeld.  On  the  following  day.  Dr.  Reuss  returned  from  Toledo,  bringing  with  him 
four  men,  stating  at  the  same  time  that  a  number  of  from  80  to  100  men  may  be  ob¬ 
tained  alone  in  Toledo.  He  also  brought  very  good  news  from  Sandusky  and  Monroe. 
I  then  received  a  despatch  from  Dr.  Aschenfeld,  saying  “We  all  go  back,  more  by 
letter.”  Having  collected  some  eleven  men  at  Windsor,  besides  seven  already  for¬ 
warded  from  this  place  to  Niagara,  and  deeming  the  expedition,  from  some  unknown 
cause,  entirely  broken  up,  I  telegraphed  to  IMr.  Preston,  asking  what  I  should  do 
with  the  men.  His  answer  was — “  Forward  men.  Re-call  Barchet  and  return  to. 
morrow.”  Not  comprehending  the  whole  business,  I  deemed  it  best  to  repair  at  once 
to  Niagara  and  have  the  mystery  cleared  up.  I  accordingly  started  the  next  morning 
leaving  Mr.  Oehlschlager  in  my  place  at  Windsor.  I  arrived  at  Niagara  on  the  morn¬ 
ing  of  the  16th.  I  was  cordiallly  received  by  Mr.  Preston,  who  informed  me,  that 
having  held  several  conversations  with  Major  Browne,  Mr.  Wieland  and  other  gentle¬ 
men,  he  had  come  to  the  conclusion  that  we  (myself  and  the  officers  under  my  charge) 
had  neglected  our  duty  and  that  he  had  two  charges  in  particular  to  make  against 
me.  1st.  That  I  had  ordered  two  of  my  officers  to  remain  on  the  Canada  shore. 
2d.  That  I,  myself,  had  remained  too  long  inactive  at  Windsor,  C.  W.  In  consequence 
he  had  deemed  it  his  duty  to  send  a  despatch  to  your  Excellency  acquainting  you  with 
said  disposition  on  our  parts.  That  you  had  replied  directing  him  to  act  on  his  own 
responsibility.  That  thus  empowered,  he  had  deemed  it  proper  to  re-call  all  those 
employed  and  to  send  them  back  to  Halifax.  I  informed  Mr.  Preston  that  I  would  at 
once  comply  with  the  order  of  your  Excellency,  at  the  same  time  I  assured  him  of  my 
opinion  as  to  the  unadvised  and  rash  proceedings  he  had  deemed  it  proper  to  adopt, 
and  further  expressed  my  belief  in  his  having  been  influenced  in  these  measures  by 
Major  Browne,  Mr.  Wieland,  particularly,  and  others,  who  are  anxious,  to  my  perfect 
knowledge,  to  obtain  commands  in  the  Foreign  Legion.  While  in  Niagara  town,  I 
saw  a  despatch  from  this  Mr.  Browne  to  Lieut.  Preston,  stating  in  effect  that  my 
letter  to  Mr.  Preston,  on  the  13th  inst.  was  a  falsehood,  and  that  there  was  no  men 
in  Chicago  to  be  sent.  The  following  is,  I  think,  the  wording  of  the  despatch.  “  The 
50  men  a  myth.”  Having  some  little  personal  business  in  AVindsor,  and  wishing  to 
communicate  with  Mr.  Oehlschlager,  I  returned  here  this  morning.  On  my  arrival 
Mr.  Oehlschlager  informed  me  that  shortly  after  my  departure  on  the  15th  inst.,  a  Mr. 
Browne  arrived  here  from  Mr.  Preston.  He  represented  himself,  or  at  least  led  Mr. 


33 


Oehlschlager  to  believe  that  he  was  a  Major  in  the  British  service.  Mr.  Oehlschlager, 
under  su3h  a  supposition,  believing  him  to  be  an  ofScer  in  the  British  Army,  and  an 
authorized  agent  of  your  Excellency’s,  -immediately  gave  up  the  charge  of  the  post 
and  of  the  men.  Mr.  Browne  sent  the  men  on  to  Niagara  that  evening,  in  charge  of 
Dr.  Beuss,  who  left  yesterday  for  Halifax.  I  also  found  here  a  dispatch  from  Chicago 
from  a  man  named  Konen,  employed  by  me  at  that  place,  which  fully  substantiates  the 
good  news  contained  in  Barchett’s  letter.  It  reads  as  follows  :  “  Come  here  immedi¬ 
ately:  twenty  ready  ;  tickets  wanted.” 

I  have  thus  far,  your  Excellency,  attempted  to  give  a  rough  outline  of  what  I  have 
done  since  my  departure  from  Halifax,  and  shall  now  leave  it  with  yourself  to  judge 
whether  the  time  has  been  wantonly  thrown  away,  and  whether  I  have  neglected  my 
duty  cr  not.  There  have,  it  is  true,  been  many  causes  which  have  rendered  the  ex¬ 
pedition  less  successful  than  I  had  imagined  in  the  offset,  but  over  these  circumstances 
I  have,  as  you  may  judge  from  the  above  statement,  been  able  to  exercise  but  little  or 
no  control.  Besides,  your  Excellency  will  be  pleased  to  take  into  consideration  that 
we  have  not  had  more  than  eight  or  nine  working  days  of  real  trial.  We  did  not  get 
fully  into  operation  before  the  4th  or  5th.  On  the  7th,  Mr.  Shumann  was  withdrawn 
by  order  of  Blr.  Preston.  Not  before  the  9th,  the  bills  we  had  printed  were  in  our 
hands  and  posted.  The  10th  was  Sunday.  On  the  13th  the  expedition  was  virtually 
broken  up.  Dr.  Aschenfeld  re-called,  and  your  Excellency  in  possession  of  a  dispatch 
to  that  effect. 

The  difficulties  under  which  we  had  to  labor  were,  in  the  beginning,  very  great 
In  ihe  first  place,  shortly  before  our  arrival,  the  navigation  of  the  great  lakes  wag 
opened,  and  thousands  of  men  who  had  lain  idle  for  months  were  at  once  thrown  into 
employment.  A  week  before  Mr.  Shumann  arrived  at  Buffalo,  six  hundred  working 
men  had  been  withdrawn  from  that  place  to  work  on  the  telegraph  line  through  New¬ 
foundland.  In  short,  work  was  plenty  and  the  weather  mild,  it  is,  therefore,  but 
little  wonder  that  under  such  auspicious  circumstances  we  did  not  succeed  at  once. 
Then  the  Americans  have  in  every  city  in  which  we  have  been,  a  recruiting  officer, 
where  they  offered  $12  per  month  and  bounty  of  one  hundred  and  sixty  acres  of 
land,  and  besides  giving  head  money  to  the  runners.  Again,  a  great  antipathy  ap¬ 
pears  to  prevail  throughout  the  United  States  to  British  service,  and  a  strong  mis¬ 
trust  of  the  whole  business,  from  the  occurrence  relating  thereto,  which  took  place 
in  the  Eastern  cities.  These  difficulties  had  to  be  overcome,  and  just  when  we 
arrived  at  a  point  where  the  prospects  began  to  brighten,  and  we  had  tangible  hopes 
of  our  ultimate  success,  the  whole  matter,  as  far  as  ourselves  are  concerned,  is  given 
up,  without  my  being  in  the  slightest  instance  consulted  or  advised  with.  From  cer¬ 
tain  remarks  of  this  Mr.  Browne,  I  am  led  to  believe  that  the  conduct  of  the  money 
matters  of  the  expedition,  has  also  been  called  in  question.  In  refutation  of  any  such 
malignant  charge,  I  respectfully  beg  leave  to  subjoin  my  accounts,  and  request  that 
those  of  my  officers  may  be  strictly  examined. 

A  few  words  in  relation  to  the  charges  made  against  me  by  Mr.  Preston.  The  first 
is  simply  enough  refuted  by  all  that  part  of  the  above  statement,  which  refers  to  my 
orders  and  instructions  to  Dr.  Aschenfeld  and  Mr.  Shumann.  Of  the  second,  I  have 
but  to  observe,  that  when  I  started  from  Halifax  I  was  under  the  impression  that  I 
was  given  charge  of  this  expedition  in  the  United  States,  that  I  had  discretionary 
power  to  take  up  my  head  quarters  where  I  deemed  best,  and  where  I  could  most 
readily  hear  from  my  assistants,  and  not  that  my  conduct  was  to  be  subject  to  the 

3 


34 


espionage  and  impertinent  interference  of  men  of  whom  I  had  no  knowledge  whatever, 
in  connection  with  this  expedition.  I  refer  to  Mr.  Browne  and  others.  Nor  can  I  con¬ 
ceive  how  Mr.  Preston  could  commit  such  a  gross  error  as  he  has  done,  in  breaking 
up  this  expedition,  without  stronger  and  more  sufficient  reasons. 

I  have  now  to  make  a  few  remarks  on  Mr.  Preston’s  conduct  in  connection  with  this 
business,  which,  however  painful  it  may  be,  I  consider  it  my  duty  to  your  Excellency, 
under  whose  orders  I  have  been  engaged  in  this  matter,  and  to  myself.  Mr.  Preston 
in  the  first  place,  as  early  as  the  7th  inst.,  violated  the  spirit  and  letter  of  your  in¬ 
structions  to  me  in  two  instances.  1st.  By  failing  to  pay  my  draft  sent  by  Mr. 
Shumann — and  2dly.  By  sending  Mr.  Shumann  down  to  IVindsor,  when  I  sent  him  to 
Albany.  In  short,  I  have  failed  to  meet  from  Mr.  Preston,  that  cordial  co-operation 
and  friendly  assistance,  which  I  had  hoped  for,  and  on  which  the  success  of  such  an 
expedition  so  eminently  depends.  I  feel  pleasure,  however,  in  saying,  that  I  can  look 
upon  this  failure  on  the  part  of  Mr.  Preston,  in  no  other  light  than  as  an  error  of 
judgment,  and  his  being  too  easily  influenced  by  others. 

With  the  above  statement  of  the  facts  of  the  last  month,  and  which  I  am  ready  to 
substantiate  at  any  moment,  by  the  testimony  of  my  officers  and  others,  I  beg  leave 
to  submit  this,  my  report,  to  your  Excellency’s  kind  consideration. 

I  have  the  honor  to  remain. 

Your  Excellency’s  very  obedient  servant, 

MAX  FRAXZ  OTTO  STROBEL, 

Captain  Forg.  Leg.” 

“WiSDSOE,  C.  W.,  June,  ISth,  1855. 

Mr.  Remak — Was  this  paper  ever  delivered? 

A.  It  was  delivered  to  Mr.  Ci-ampton  and  Sir  Gaspard  le  Merchant. 

Mr.  Yan  Dyke — Did  Mr.  Hertz  say  anything  to  you  in  reference  to  having  adver¬ 
tised  in  any  paper  in  Philadelphia  ? 

A.  Yes,  sir,  the  advertisement  was  in  Mr.  Hertz’s  office,  in  the  newspapers. 

Q.  Did  he  say  anything  to  you  as  to  bis  advertising? 

A.  He  said  he  was  obliged  to  have  it  advertised  in  order  to  get  men. 

Q.  What  advertised  ? 

A.  This  proclamation.  Mr.  Hertz  sent  men  to  the  office  of  the  paper  to  see  if  it 
was  advertised. 

Q.  When  was  that  ? 

A.  I  cannot  recollect  the  very  date — it  was  before  I  went  away  with  my  company. 

Q.  Do  you  recollect  the  advertisement  ?  A.  Yes,  sir,  I  recollect  the  advertisement; 
I  have  seen  it  in  the  paper,  but  do  not  recollect  the  very  day. 

Q.  What  do  you  know  of  Mr.  Hertz  putting  this  (showing  witness  the  Pennsylva¬ 
nian  containing  the  advertisement,)  in  the  paper  ? 

A.  Mr.  Hertz  says,  I  suppose  by  this  advertisement  we  would  get  some  men. 

Q.  Where  did  you  last  see  Hertz  before  sailing  from  Philadelphia  with  your  men  ? 

A.  I  saw  Mr.  Hertz  on  the  boat.  He  came  down  in  the  morning  to  the  wharf 
where  we  sailed  from,  and  it  was  at  that  very  moment  that  he  gave  me  the  money,  $25. 

Q.  On  the  boat  Delaware,  on  which  you  sailed  on  Sunday  morning,  of  March  IG, 
1855?  A.  Yes,  sir. 

Q.  Will  you  state  to  the  Court  and  Jury  whether  you  recommended  to  Mr.  Cramp- 
ton  a  certain  Col.  Burgthal  ? 

Mr.  Remak  objected — Objection  was  sustained. 


35 


Q.  By  Mr. Van  Dyke — Is  there  anything  else  you  recollect  in  connection  with  Mr. 
Hertz  that  you  have  not  stated,  if  there  is,  state  it  ?  Any  conversations  that  you  had 
with  Mr.  Hertz  or  Mr.  Crampton  about  Mr.  Hertz  being  engaged  in  this  business  ? 

A.  I  remember  a  conversation  with  Crampton  about  Hertz,  where  Crampton  said 
he  believed — 

The  question  and  answers  were  ruled  out. 

Q.  Do  you  recollect  any  conversation  Mr.  Hertz  had  with  any  person  or  any  con¬ 
versation  you  had  with  him  ? 

A.  I  heard  many  conversations  of  Mr.  Hertz  with  other  officers  who  left  for  Halifax. 
It  was  a  promise  Hertz  made  to  these  men  in  the  name  of  Mr.  Howe,  and  through  Mr. 
Hqwc  in  the  name  of  the  English  Govei-nment,  to  give  them  commissions  in  the  foreign 
legion,  if  they  would  go  to  Halifax,  if  they  were  military  men  before,  and  so  on,  and 
when  some  of  them  would  express  doubts  on  the  subject,  Mr.  Hertz  would  try  and 
prove  that  he  had  really  the  power  to  promise. 

Q.  Anything  else  ? 

A.  I  remember  there  was  some  money  given  to  the  men  by  Mr.  Hertz. 

Q.  Which  men  ?  A.  To  the  men  who  enlisted. 

Q.  What  was  money  given  them  for  ? 

A.  To  pay  board  to  the  very  day  they  sailed  from  the  time  of  enlistment  to  the 
time  of  leaving. 

Q.  Who  paid  for  the  tickets?  A.  I  suppose  Mr.  Hertz,  I  do  not  know. 

Q.  Who  gave  the  tickets  ?  A.  Mr.  Hertz  did. 

Q.  For  the  78  you  took  ?  A.  Yes,  sir. 

Q.  You  say  you  had  a  hundred  in  your  company,  how  happened  it  that  you  only 
took  that  number? 

A.  Afterwards  some  men  were  sent  from  Philadelphia. 

Q.  How  did  it  happen  that  you  first  had  100  men  and  only  took  78  with  you  ? 

A.  The  other  parties  came  on  afterwards,  and  were  put  to  my  company  as  they 
came  on,  particularly  men  from  Philadelphia. 

Q.  What  become  of  this  company  ? 

A.  It  sailed  on  the  8th  of  August  for  Portsmouth,  England ;  to  equip  for  its  des¬ 
tination.  ( 

Q.  (Cards  shown  witness)  What  are  these  ? 

A.  These  are  the  cards  which  were  given  to  the  men  to  get  a  passage  on  board  the 
boat.  Mr.  Hertz  got  the  cards,  I  do  not  know  where  he  got  them  from. 

Q.  What  is  that  on  it  ?  A.  It  is  H. 

Q.  Whose  signature  is  it  ?  A.  Mr.  Hertz. 

Q.  What  is  the  the  meaning  of  N.  S.  R.  C.  ? 

A.  It  means  Nova  Scotia  Railroad  Company,  I  suppose. 

The  ticket  was  given  in  evidence — the  following  is  a  cepy  : — 


Q.  Did  you  take  these  tickets  all  the  way  to  Nova  Scotia.? 

A.  Every  man  had  one  of  those  tickets,  and  they  passed  him  on  the  boat. 
Cross-examined  by  Mr.  Remak. 

Q.  Did  you  go  to  see  Mr.  Hertz  of  your  own  notion,  or  did  anybody  request  you 
to  go  to  see  him  ? 


36 


A.  I  ■was  requested  by  Dr.  Biell  to  see  Mr.  Hertz,  as  I  had  seeu  Crampton  only  a 
few  weeks  before. 

Q.  Did  you  know  Hertz  before  that  time,  before  Biell  mentioned  his  name  ? 

A.  No,  sir. 

Q.  You  did  not  know  him  at  all?  A.  No,  sir. 

Q.  You  had  already  seen  Mr.  Crampton  at  the  time  Biell  spoke  to  you  ? 

A.  Yes,  sir ;  Biell  told  me  Hertz  had  a  letter  which  he  had  shown  him — 

Mr.  Bemak — There  is  no  use  saying  that.  You  saw  Hertz  on  the  10th  of  March? 

A.  Yes,  sir. 

Q.  Where  did  you  see  him  ?  A.  At  his  ofiBce,  68  South  Third  street. 

Q.  Did  you  know  the  business  of  Mr.  Hertz  ? 

A.  Yes,  sir,  he  was  enlisting  men  for  the  foreign  ser'vice  ;  Mr.  Hertz  himself  said 
so  when  I  came  up  there. 

Q.  Was  it  not  at  his  o£6ce  you  said  people  came  in  and  enlisted  and  entered  their 
names  in  a  book  ?  A.  Yes,  sir. 

Q.  (Showing  book,)  here  is  the  book  presented  to  you,  do  you  swear  that  this  is 
the  identical  book  you  saw  there  ? 

A.  Yes,  sir. 

Q.  Were  all  the  names  here  entered  by  the  persons  themselves,  or  by  whom  ? 

A.  Not  exactly  all  these  names,  many  of  the  men  signed  their  names  themselves, 
and  others  could  not  write,  and  Mr.  Hertz  or  somebody  -wrote  down  the  names. 

Q.  Now  be  so  good  as  to  describe  this  book ;  does  it  contain  anything  but  the 
names  and  places  of  residence  ? 

A.  It  contains  the  names  of  those  men  ;  most  of  them  I  took  with  me,  as  my  Com¬ 
pany,  to  Halifax. 

Q.  And  contains  the  residence  of  some  ?  A.  Yes,  sir,  of  some. 

Q.  It  contains  nothing  else  ? 

A.  It  contained  at  that  time  the  names  of  several  officers  willing  to  go ;  it  contains 
now  but  those  names. 

Q.  You  say  you  received  money  from  Mr.  Hertz  ?  A.  Yes,  sir. 

Q.  For  what  purpose  ? 

*A.  I  received  money  from  Mr.  Hertz,  and  was  obliged  to  give  him  a  kind  of  note, 
in  which  I  stated  I  had  received  so  much  money,  and  it  would  be  repaid. 

Q.  (Showing  witness  a  paper.)  Is  this  paper  signed  by  you  ?  A.  Yes,  sir. 

The  paper  was  read  as  follows  : 

“  I  received  from  Mr.  Hertz  $5  00  on  my  word  of  honor. 

MAX  F.  0.  STROBEL.” 

Mr.  Remak — The  figures  are  blotted,  and  it  looks  as  if  it  had  been  altered  from 
$5  to  $25. 

Witness — The  signature  is  true,  but  I  believe  the  25  is  false.  I  actually  received, 
on  my  word  of  honor,  from  Mr.  Hertz  $10  00,  butil  never  remember  having  given 
Hertz  a  receipt  for  this  $25  ;  I  received  on  board  the  boat ;  I  never  remember,  but 
there  is  a  possibility. 

Q.  You  stated  in  your  examination  in  chief  that  you  received  $25  00  the  day 
you  started  ? 

A.  Yes,  sir,  I  received  $25  that  day. 

Q.  You  state  now  you  do  not  remember  having  given  a  receipt  for  it  ? 


'■  37 


A.  I  do  not  remember ;  I  acknowledge  this  signature — that  might  be  another  note 
I  gave  to  Hertz,  stating  I  only  received  $5  00.  This  is  my  signature. 

Q.  You  received  $25  on  that  day,  and  this  paper  states  in  numbers  25  ? 

A.  It  states  here  $25.  I  do  not  recollect  signing  any  paper  for  $25.  I  recollect 
saying  to  Mr.  Bucknell  I  received  that  money. 

Judge  Kane — Is  this  material? 

Mr.  Eemak — It  is  for  the  purpose  of  showing  that  money  has  been  loaned  to 
the  witness. 

Q.  You  say  you  were  present  when  several  different  men  came  in  at  different  times 
and  signed  their  names  in  that  book  ?  What  were  the  conversations  between  Hertz 
and  those  persons  ? 

A.  The  conversation  was  that  he  showed  the  parties  the  proclamation  or  advertise¬ 
ment,  and  he  said  there  is  a  foreign  legion  as  you  see  in  Halifax,  and  if  you  feel  able 
and  disposed  to  enter  this  foreign  legion  in  Halifax,  I  will  give  you  the  means  to  go 
to  Halifax  as  a  soldier  in  that  legion — that  is,  if  you  are  willing  to  go  to  Halifax  and 
be  enlisted  for  this  foreign  service. 

Q.  Can  you  swear  that  Hertz  ever  said  to  enlist  as  a  soldier  for  the  foreign  service  ? 

A.  I  can  swear  that  he  said  he  wanted  them  to  go  to  Halifax  for  the  purpose  of 
enlisting  for  British  service  ?  . 

Q.  Did  he  pay  anything  to  them  ? 

A.  He  paid  to  several  of  them,  but  not  every  one — to  some  of  them  he  paid  one 
dollar ;  to  some  25  cents,  and  to  some  50  cents. 

Q.  Do  you  recollect  the  names  of  any  of  the  men  to  whom  he  gave  25  cents  ? 

A.  To  Purde,  and  several  others,  their  names  are  in  the  list. 

Q.  Were  any  of  those  people  very  poor  ?  A.  Yes,  sir,  some  of  them  were. 

Q.  Did  you  know  that  these  people  were  actually  in  want  of  food  ? 

A.  Not  in  want  of  food. 

Q.  Do  you  believe  that  these  people  had  any  money  at  all  ? 

A.  I  believe  they  had  none. 

Q.  Were  they  not  looking  out  for  work  ?  A.  They  had  been  looking  out  for  work . 

Q.  And  could  they  get  it  ? 

A.  They  said  they  could,  but  as  they  were  detained  they  must  be  paid. 

Q.  They  could  get  work  they  said  ?  A.  If  they  would  not  be  retained. 

Q.  Did  these  people  use  the  word  retained  ? 

A.  They  said  they  could  get  work  if  they  were  not  kept  waiting  here  doing  noth' 
ing,  and  being  promised  every  day  that  this  vessel  should  sail  for  Halifax. 

Q.  Then  these  people  did  not  employ  the  expression  retained. 

A.  Well,  they  were  retained. 

Mr.  Remak — you  have  to  give  the  conversation  exactly  as  it  took  place ;  be  very 
strict ;  what  language  did  these  people  speak  ? 

A.  In  the  German. 

Q.  Then  they  had  no  idea  of  the  word  “retained?” 

A.  We  have  a  word  in  German  that  means  as  much. 

Q.  What  is  it?  A.  “  Augeholten.” 

Mr.  Remak — May  it  please  your  Honor,  that  word  means  detained. 

Q.  Did  not  these  people  mean  to  say  that  their  time  was  wasted  by  being  un¬ 
employed  ? 

A.  No,  sir,  they  said  or  meant  by  saying  so,  that  their  time  was  taken  by  Mr.  Hertz. 


38 


Q.  Did  not  some  people  come  into  the  office  Tvho  declined  to  go  to  Halifax  ? 

A.  Not  that  I  remember.  Some  of  them  came  once,  but  never  afterwards. 

Q.  What  did  Hertz  say  when  they  declined — if  you  recollect  they  did  decline  ? 

A.  I  do  not  remember  that  any  one  declined. 

Q.  Did  Mr.  Hertz  offer  them  anything  the  moment  he  spoke  of  going  to  Halifax  ? 

A.  Not  at  that  moment. 

Q.  Jlr.  Hertz  did  not  offer  them  anything  when  he  asked  them  to  go  to  Halifax  ? 

A.  No,  sir. 

Q.  Did  he  actually  ask  them  to  go  to  Halifax?  A.  Yes,  sir. 

Q.  Did  not  he  leave  it  optional  ?  Did  not  he  represent  the  matter  that  they  would 
get  employment  there  ? 

Witness — Get  employment  in  Halifax  ? 

Jlr.  Remak — Some  employment. 

Witness — No,  sir,  that  could  not  be,  because  this  advertisement  was  laying  on  the 
table,  and  for  that  purpose  the  men  came  up. 

Q.  When  the  men  came  in  you  say  Hertz  did  not  offer  them  anything ;  when  they 
were  ready  to  go  to  Halifax,  what  did  Hertz  say  ? 

A.  ]\Ir.  Hertz  said  I  have  a  vessel  ready  for  you  to  start  in  a  day  or  so. 

Q.  Did  he  state  for  what  purpose  this  vessel  would  start  ? 

A.  For  conveying  these  men  to  the  “  foreign  legion,”  at  Halifax. 

Q.  You  stated  that  he  gave  some  of  the  men  one  dollar  and  some  twenty-five  cents, 
to  how  many  of  the  men  did  he  give  anything  at  all  ? 

A.  It  is  very  difficult  to  say. 

Q.  Did  he  give  to  twenty  ?  A.  I  suppose  that  is  the  number. 

Q.  Have  you  been  present  every  time  he  gave  these  men  something  ? 

A.  Not  every  time,  but  he  gave  to  that  many  in  my  presence. 

Q.  Then  you  remember  that  he  gave  to  more  than  twenty  ? 

A.  Not  to  more  than  twenty.  I  cannot  say  that  he  gave  to  more  than  twenty. 

Q.  Then  you  do  not  know  if  he  gave  to  any  one  else  ?  A.  No,  sir. 

Q.  The  names  you  remember  mention  now. 

A.  Barrier,  Blecher,  Brining,  Foley,  Worrell. 

The  Court  here  overruled  the  question. 

Q.  You  stated  in  your  examination  in  chief,  that  some  of  the  men  received  money 
to  board  ? 

A.  Yes,  sir. 

Q.  How  much  did  they  receive  ? 

A.  I  cannot  tell  whether  Hertz  gave  three  shillings  or  four  shillings  ;  to  some  he 
gave  three,  some  four,  and  perhaps  some  a  dollar. 

Q.  Did  Mr.  Hertz  ever  promise  you  a  commission?  A.  Yes,  sir. 

Q.  Where  did  he  promise  you?  A.  In  his  office. 

Q.  In  whose  presence  ? 

A.  In  the  presence  of  Mr.  Rumberg  and  Lieutenant  Essen. 

Q.  Did  he  show  you  any  authority  for  doing  so  ? 

A.  I  believed  he  had,  because  he  made  me  himself  acquainted  about  the  letters  and 
orders  he  had  received  from  the  British  Government,  and  I  showed  him  my  letters, 
although  I  never  saw  his  letters.  He  promised  me  a  commission. 

Q.  Did  Mr.  Hertz  derive  any  benefit  from  all  the  transactions  you  know  of? 

,  A.  I  cannot  tell. 


39 


Q.  You  remember  that  you  said  in  your  examination  in  chief,  that  Mr.  Hertz  said 
himself  that  what  he  had  received  did  not  cover  expenses? 

A.  At  that  time. 

Q.  Do  you  know,  from  your  own  knowledge,  that  Hertz  has  received  at  any  other 
time,  any  more  money  ? 

A.  I  cannot  swear  that  Hertz  received  more  money  than  he  expended,  but  I  can 
swear  he  received  money. 

Q.  Then  he  did  not  derive  any  benefit  from  his  business  transactions  ? 

A.  I  do  not  know. 

Q.  As  far  as  you  know  ? 

A.  As  far  as  I  know,  no ;  but  I  cannot  see  into  his  business  matters,  certainly. 

Q.  Could  Mr.  Hertz  have  any  direct  benefit  from  the  fact  of  any  of  those  men  going 
to  Halifax  ? 

A.  Yes,  sir. 

Q.  In  what  manner  ?  A.  He  would  receive  $4  for  every  head. 

Q.  AVould  the  $4  come  from  the  man  himself? 

A.  No,  sir;  it  would  be  paid  by  the  English  government ;  the  man  could  not  pay, 
but  the  English  government  paid  $4  for  every  head. 

Q.  Can  you  say  whether  any  agreement  has  taken  place  between  Hertz  and  you, 
or  with  any  of  these  men  with  regard  to  the  transaction  ? 

A.  Yes,  sir. 

Q.  AVhat  was  the  character  of  it  ? 

A.  The  agreement  was,  that  I  take  this  company  to  Halifax,  and  I  was  introduced 
to  the  men  of  the  company  as  their  Captain  ;  and  I  had  to  bring  them  up  to  Halifax. 

Q.  Did  you  derive  any  benefit  from  this  matter  ?  You  received  money,  did  you  not  ? 

A.  I  received  no  money  except  that  necessary  to  take  the  men  to  Halifax,  and  their 
tickets. 

Q.  You  received  no  money  ? 

A.  No  money  for  myself,  but  money  to  take  the  men  there,  for  the  government. 

Q.  You  received  no  money  for  yourself? 

A.  No  money  for  myself,  from  the  government.  AVhat  I  received  for  doing  this, 
was  the  commission. 

Q.  Did  you  receive  from  Hertz  anj'  money? 

A.  I  received  as  a  private  matter  $10  from  Hertz ;  but  I  received  $25  to  feed  the 
men  on  the  boat. 

Q.  Then,  Mr.  Strobel,  had  you  any  direct  authority  from  the  English  government 
at  the  time  ?  < 

AVitness — Direct  authority  to  do  what  ? 

Mr.  Kemak — Any  direct  authority  at  all.  I  do  not  care  what  it  is.  Did  you  hold 
any  commission  ? 

A.  Just  the  commission  as  promised  by  Hertz. 

Q.  You  had  no  commission  ? 

A.  I  had  no  commission  at  that  time. 

Q.  Then  you  cannot  say  you  was  at  the  time  the  representative  of  the  English  gov¬ 
ernment,  or  agent  of  that  government  ? 

A.  Certainly,  I  was  insomuch  an  agent  that  I  agreed  with  the  English  government 
to  bring  men  to  Halifax. 

Q.  You  considered  yourself  so?  A.  I  did  not  consider,  I  thought  so. 


40 


Q.  When  did  you  agree  with  the  English  govei'nment  ? 

A.  So  early  as  the  beginning  of  April,  with  Mr.  Crampton. 

Q.  Did  you  agree  to  take  the  identical  men  you  started  with  on  the  25th  of  March  ? 

A.  No,  sir,  not  those  men,  but  any  men. 

Q.  Then  you  had  no  other  authority  but  what  you  thought  you  had  from  Hertz, 
when  you  took  these  men  ? 

A.  Not  for  bringing  these  very  men  I  named  here. 

Judge  Kane — The  witness  says  he  had  authority  from  Mr.  Crampton  to  take  such 
men  as  should  be  enlisted,  and  that  it  was  from  Hertz  that  he  got  the  directions  of 
the  particular  persons  enlisted  and  who  were  to  be  carried  on. 

Q.  Did  you  make  any  promise  to  Hertz  in  return  for  the  so  called  authority  he  gave 
you?  A.  Yes,  sir. 

Q.  What  was  the  promise  ? 

A.  I  promised  Mr.  Hertz  that  upon  arriving  in  Halifax  I  would  state  that  Mr. 
Hertz  had  sent  these  men,  and  that  he  had  a  great  many  more  men,  and  had  made 
arrangements  with  parties  in  New  York,  but  was  not  able  to  send  them,  and  I  was 
to  secure  him  every  man  he  sent  from  Philadelphia  to  Halifax. 

Q.  Did  you  ever  pay  to  Mr.  Hertz  afterwards  anything  for  the  trouble  he  took  to 
send  men  to  Halifax  ?  A.  I  did  not. 

Q.  Do  you  know  whether  anybody  else  paid  Hertz  for  the  trouble  he  took  on  that 
day  or  any  other  time  ?  * 

A.  I  do  not  know  ;  I  know  that  Hertz  received  money  for  the  men  in  New  York. 

Q.  Did  you  ever  see  Mr.  Crampton  in  the  presence  of  anybody  else?  A.  Yes,  sir. 

Q.  Who  was  present  ? 

A.  I  saw  Mr.  Crampton  in  the  presence  of  Dr.  Ruess,  for  instance,  Major  Boutz, 
Sergeant  Burgit,  and  Rose,  and  others ;  I  travelled  with  Crampton  and  Preston  in 
company  with  other  gentlemen  up  to  Quebec  from  Halifax  ;  these  instructions  were 
in  the  hand-writing  of  Crampton. 

Q.  I  want  to  know  if  Hertz  ever  read  those  instructions? 

A.  I  do  not  know  whether  Mr.  Crampton  sent  him  a  copy  of  them  or  not. 

Q.  Then  you  do  not  know  whether  he  had  ever  any  knowledge  of  these  instructions  ? 

A.  They  were  written  after  I  left  here,  and  I  could,  therefore,  not  tell. 

MONDAY’S  PROCEEDINGS,  SEPT.  24,  1855. 

HORACE  B.  MANN,  sworn — Examined  by  Mr.  Van  Dyke. 

Q.  Are  you  engaged  in  the  Pennsylvanian  ofBce  ?  A.  Yes,  sir. 

Q.  (Paper  shown  witness.)  Do  you  know  whether  that  advertisement  was  ordered 
to  be  published  there? 

A.  As  regards  ordering  the  advertisement  I  do  not  know  anything  about  it,  butthat 
is  a  copy  of  the  Pennsylvanian. 

Q.  Do  you  know  anything  about  the  discontinuing  of  it? 

A.  Yes,  sir,  it  was  ordered  to  be  discontinued  by  Mr.  Hertz ;  I  discontinued  it  at  his 
order. 

Q.  Is  that  the  receipt  for  the  advertisement  ? 

A.  That  is  the  receipt  for  the  payment  of  that  advertisement ;  Mr.  Magill  is  the 
person  who  received  the  advertisement;  the  paper  in  which  it  appears  was  published 
March  IGtb,  and  the  receipt  is  dated  March  15th. 


41 


The  receipt  was  here  read  in  evidence  as  follows  : — 


Philadeiphia,  March  Ihth,  1855. 
Lieutenant-Governor  of  Nova  Scotia, 

To  Advertising  in  the  PENNSYLVANIAN, 


2  Squares /or  one  month, 


$5  00  I 


Pieceived  Payment  for  the  Proprietor, 


Will.  MAGILL. 


MAX  F.  0.  STROBEL,  re-called.  Examined  by  Mr.  Van  Dyke. 

Q.  You  have  been  sworn?  A.  Yes,  sir. 

Q.  You  are  acquainted  with  the  hand-writing  of  Mr.  Howe  ?  A.  I  have  seen  it. 

Q.  What  position  did  he  hold  in  March  and  February,  1855  ? 

A.  He  was  the  general  agent  of  the  British  government  in  the  States  for  this  re¬ 
cruiting. 

Q.  (Paper  shown  witness.)  Will  you  look  at  that  paper  and  say  whether  it  is  in 
his  hand-writing  ? 

A.  I  believe  it  is  Mr.  Howe’s  hand-writing  ;  I  have  seen  him  write. 

The  paper  was  here  read  in  evidence,  Mr.  Van  Dyke  stating  it  was  the  original  of 
the  advertisement  which  appeared  in  the  papers  in  regard  to  this  matter.  It  is  as 
follows : 

“  The  Lieutenant-Governor  of  Nova  Scotia  is  empowered  by  Her  Brit¬ 
annic  Majesty’s  Government  to  raise  any  number  of  men,  which  may  be  re¬ 
quired,  to  serve  in  the  Foreign  Legion. 

Depots  are  established  at  Halifax,  and  all  able-bodied  men,  between  the 
ages  of  20  and  35,  who  may  present  themselves,  will  be  enlisted. 

The  terms  of  service  will  be  3  or  5  years. 

Officers  who  have  seen  service  are  eligible  for  commissions. 

Surgeons  speaking  the  continental  languages,  or  some  of  them,  will  be 
required. 

Pensions  or  gratuities  for  wounds  or  eminent  services  in  the  field  will  also 
be  given. 

On  the  Expiration  of  the  term  for  which  they  enlist,  the  troops,  will  be 
sent  to  their  native  countries  or  to  America.” 


Q.  You  said  you  are  acquainted  with  Mr.  Crampton’s  hand-writing  ?  A.  Yes,  sir. 
Q.  (Paper  shown.)  Is  that  his  writing  ? 

A.  That  is  Mr.  Crampton’s  hand-writing. 

Q.  By  Mr.  Cuyler.  You  have  seen  him  write,  you  say?  A.  Yes,  sir. 

The  paper  was  here  read  in  evidence,  as  follows  : 


42 


“  Satukbay,  January  27,  1855. 

Sir — I  should  be  happy  to  see  you  at  any  time  you  may  choose  to  call, 
to-day  or  to-morrow. 

Mr.  Hertz,  I  am,  sir,  your  most  obedient  servant, 

[Signed.]  JOHN  F.  CIIA3IPTON.” 

[envelope.] 


r; 


J.  F.  C. 


Mr.  hertz, 

WiUiard’s. 


Q.  (Another  paper  shown.)  Is  that  also  in  Mr.  Crampton’s  hand-writing? 

A.  les,  sir,  that  is  Mr.  Crampton’s  hand-writing. 

The  paper,  which  was  read,  is  as  follows : 

“  AYashington,  Feb.  4th,  1855. 

SiE — TYith  reference  to  our  late  conversation,  I  am  now  enabled  to  give  you  some 
more  definite  information  on  the  subject  to  which  it  related. 


H.  Hertz,  Esq. 
[Signed,] 


I  am  sir,  your  obedient  servant, 

JOHN  F.  CRAMPTON.” 


I  ^Paid  J.  F.  C. 
I  AYashington, 
Feb.  4, 

D.  C. 


[esvelope.] 

- - - 


H.  HERTZ,  Esq., 

424  N.  Twelfth  Street, 

Philadelphia. 


Q.  Do  you  know  Mr.  AYilkins’  hand-writing  ?  A.  Yes,  sir. 

Q.  Is  he  Provincial  Secretary  ?  A.  A’es,  sir. 

Q.  (Paper  shown  witness.)  Is  that  his  writing? 

A.  It  is.  I  have  seen  him  write  ;  that  is  his  signature  on  the  back  of  iL 

Q.  Do  you  know  whether  Hertz  was  in  Halifax  in  June  ? 

A.  Yes,  sir,  he  was  in  Halifax  in  June. 

Q.  Do  you  recollect  the  day  ? 

A.  I  cannot  recollect  what  day,  it  was  in  the  beginning  of  the  month. 

Q.  In  whose  hand-writing  is  the  direction  on  the  envelope  ? 

A.  I  believe  it  is  AA'ilkins’  too. 

The  paper,  with  envelope,  was  read  in  evidence,  as  follows : 

“  PrOA’INCIAL  Secretara’’s  OeFICE.I^ 

11th  June,  1855,  j 

Sir — I  am  in  receipt  of  your  letter  of  this  date,  and  am  commanded  by 
His  Excellency,  Sir  Gaspard  le  Marchant,  to  inform  you  that  in  reference 
to  the  claim  advanced  in  your  communication,  Mr.  Howe,  previous  to  his 
departure  for  England,  distinctly  stated  to  His  Excellency,  that  the  moneys 
which  you  had  received  on  account,  more  than  cancelled  any  claim  that  you 
might  prefer. 

Any  instructions  given  to  Mr.  Howe  by  Sir  Gaspard,  will  speak  for  them¬ 
selves,  whilst  Mr.  Howe  will  best  account  for  his  own  acts  on  his  return 
from  England. 


43 


la  liis  absence^  nothing  can  possibly  be  done  by  Sir  Gaspard,  in  relation 
to  yourself. 

You  must  consider  this  a  final  answer  given  by  his  Excellency’s  command. 
I  have  the  honor  to  be,  sir,  your  most  obedient  servant, 

LEWIS  M.  WILKINS. 

Mr.  H.  Hertz. 

[E.welope.] 


On  Heb.  Majesty’s  Service. 


Me.  H.  hertz, 
Provincial  Secreiary''s  Office. 


Q.  Are  you  acquainted  with,  the  British  Secretary  of  Legation  ? 

A.  Yes,  sir,  I  have  seen  him. 

Q.  Do  you  know  his  hand-writing  ? 

A.  I  have  seen  his  writing,  but  never  saw  him  write.  I  never  had  any  conversa¬ 
tion  with  Mr.  Lumley.  I  always  addressed  my  letters  to  Mr.  Crampton  or  Mr. 
Lumley  ;  I  never  received  any  replies  from  Mr.  Lumley. 

The  defendant’s  counsel  admit  the  paper  to  be  in  the  hand-writing  of  Mr.  Lumley, 
and  it  is  read  in  evidence  as  follows : 

“  Washington,  May  31,  1855. 

Sir — In  the  absence  of  Mr.  Crampton  I  beg  to  acknowledge  the  receipt 
of  your  letter  of  the  20th  inst.,  although  I  am  not  aware  that  I  have  had 
the  advantage  of  making  your  acquaintance,  I  beg  to  inform  you,  as  Secre¬ 
tary  of  H.  M.  Legation,  that  no  charge  against  you  of  the  nature  to  which 
you  refer  has  been  made  to  me.  It  is,  therefore,  superfluous  to  add  that  I 
have  never  expressed  the  opinion  reported  to  you  as  having  been  used  by 
me.  I  am,  sir,  your  most  obedient  servant, 

T.  SAVILE  LUMLEY. 

[envelope.] 


Paid  T.  S.  L. 
I  Washington, 

I  May  31,  1855, 

I  D-C- 

(»* 


HENRY  HERTZ,  | 

424  North  Twelfth  street,  below  Coates,  ~ 
Philadelphia,  Pa. 


Q.  Did  you  know  the  Vice  Consul  at  New  York?  A.  Yes,  sir. 

Q.  What  is  his  name  ?  A.  Mr.  Stanley. 

Q.  Do  you  know  his  writing?  A.  Yes,  sir,  I  have  seen  him  write. 

Q.  (Letter  shown  witness.)  Is  that  a  letter  of  Mr.  Stanley’s  ?  A.  Yes,  sir. 

The  letter  and  envelope  was  read  in  evidence  as  follows : — 

“  New  York,  June  19th,  1855. 

“  Sir — I  am  obliged  to  you  for  the  cutting  from  the  newspaper  which  you  forward¬ 
ed  with  the  note  of  the  17th,  both  being  received  by  me  yesterday.  I  do  not  under- 


44 


stand  the  spirit  evinced  by  the  writer  of  the  newspaper  paragraph.  I  am  not  yet 
aware  of  any  United  States  laws  being  broken  in  the  matter  to  which  he  has  refer¬ 
ence,  and  have  not  the  slightest  interest  therein. 

Regarding  your  claim  against  the  Nova  Scotia  Government,  I  have  not  received  any 
communication  from  that  quarter,  as  you  led  me  to  expect  would  be  the  case.  As  I 
informed  you  when  in  the  city,  it  is  not  possible  that  I  should  be  acquainted  with  the 
subject;  but  if  so  ordered,  I  shall  be  happy  to  remit  you  the  amount.  ' 

I  have  seen  Mr.  Mathew,  who  happened  to  be  in  New  York,  being  in  hopes  that  I 
might  procure  through  him,  some  information  which  would  aid  you  in  this  matter, 
but  being  unsuccessful  in  obtaining  any,  it  is  utterly  out  of  my  power  to  forward 
your  views. 


Remaining  your  obedient  servant, 
(Signed) 


C.  H.  STANLEY.” 


[Envelope.] 


New  York, 
June 
19. 


MR.  H.  HERTZ, 

424  North  12th  Street, 

Philadelpb 


ij 


Q.  (A  d  here  shown  witness.)  Do  you  recollect  that  card  ?  A.  Yes,  sir. 

Q.  It  is  written  in  what  language?  A.  In  German. 

Q.  Do  you  know  whose  writing  it  is  in  ? 

A.  It  is  a  card  written  by  Mr.  Renas,  at  the  request  of  Mr.  Hertz. 

Q.  Who  was  Mr.  Renas  ? 

A.  He  was  at  that  time  with  !Mr.  Hertz ;  I  do  not  know  Mr.  Renas  himself.  He 
was  with  Mr.  Hertz,  and  this  was  brought  to  me  by  a  man  who  came  up  to  Halifax 
and  enlisted  in  my  company. 

Q.  Did  he  go  with  you  ? 

A.  No,  sir,  he  was  sent  to  my  company  at  Halifax  by  Mr.  Hertz,  and  he  brought 
this  card  to  me,  recommending  this  man  to  me  as  secretary  of  a  company. 

Q.  This  man  was  enlisted  in  your  company  ?  A.  Yes,  sir. 

Q.  Refore  you  left  ?  A.  No,  sir. 

Q.  He  came  on  after  the  company  left  here,  then?  A,  Yes,  sir. 

Ry  Mr.  Cuyler — Did  you  see  this  card  written? 

A.  I  could  not  have  seen  it,  because  I  was  in  Halifax,  and  this  man  brought  it 
up  there. 

Q.  Do  you  know  Mr.  Renas  who  signs  it? 

A.  I  know  him  now  ;  I  did  not  know  him  at  that  time. 

Q.  Are  you  familiar  with  his  writing? 

A.  I  never  saw  him  writing  and  cannot  say  of  my  own  knowledge  that  this  card  is 
in  his  writing,  but  it  was  brought  to  me  from  this  very  man. 

Mr.  Cuyler  objected  to  the  reading  of  the  card  in  evidence. 

It  was  shown  to  the  jury,  but  as  it  was  in  German,  few  read  it.  We  present  a 
translation : 

“  I  recommend  to  you  the  bearer  of  this  card,  Mr.  Sporer,  an  excellent  and  perfect 
penman ;  if  it  lies  in  your  power  to  obtain  for  him  a  position  as  clerk  in  your  company, 
you  will  thereby  greatly  serve  me.  [Signed] 

M.  Renas.” 


V  Ry  request  of  H.  Hertz. 


45 


Q.  Do  you  know  Turnbull?  A.  Yes,  sir. 

Q.  What  was  he  in  June,  1855.  A.  He  was  at  that  time  anagent  for  Mr.  Crampton. 

Q.  Where  is  he  located  ? 

A.  He  was  sent  to  the  West — to  Cincinnati  ;  to  aid  Col.  Korponay. 

Q.  (Letter  shown  witness.)  Is  that  his  letter  to  you? 

A.  That  is  Mr.  Turnbull’s  letter  to  me  from  Cincinnati. 

Mr.  Van  Dyke  offered  the  letter  in  evidence. 

Mr.  Cuyler  objected. 

The  objection  was  sustained  and  the  letter  ruled  out. 

CHAKLES  RUMBEEG,  sworn — Examined  by  Mr.  Van  Dyke. 

Q.  What  is  your  business  ? 

A.  I  have  been  editor  of  the  Philadelphia  German  Democrat,  and  I  am  now  editor 
of  a  German  paper  at  Pottsville,  and  co-editor  of  the  Adopted  AmericanhQiQ. 

Q.  Will  you  state  whether  you  have  ever  been  in  the  army  ? 

A.  Yes,  sir,  I  have  been  in  the  army  of  several  German  States.  I  have  been  cap¬ 
tain.  I  came  to  this  country  nine  years  ago. 

Q.  State  whether  you  ever  saw  Mr.  Crampton  ? 

A.  I  have  not  seen  Mr.  Crampton.  I  have  seen  Mr.  Matthew. 

0.  Will  you  state  what  took  place  between  you  and  Matthews  ? 

A.  After  having  read  the  proclamation  and  resolution  of  the  British  Government, 
for  enlisting  able  bodied  men  for  the  “Foreign  Legion.” 

Q,  That  is  the  one  passed  in  Parliament  ? 

A.  Yes,  sir;  asking  for  recruiting  able-bodied  men  for  the  “foreign  legion.”  I 
went  to  Mr.  Matthew,  and  said  to  him  that  I  could  enlist  from  400  to  500  men.  Well, 

I  made  no  arrangements  in  relation  to  the  enlistment  with  Mr.  Matthew,  but  I  gave 
him  a  letter  to  the  British  Minister  of  Foreign  Affairs  in  London,  and  he  told  me  he 
would  transmit  it  there. 

Q,  How  long  after  that  did  you  see  Mr.  Howe  ?  A.  Six  or  eight  weeks  after  that. 

Q.  Where  did  you  first  see  him  ? 

A.  He  came  to  my  office  in  Third  street,  and  asked  me  to  agree  with  him  as  to 
the  terms  for  enlisting  men  for  this  legion,  and  I  replied  to  him  that  I  would  come  on 
another  day  to  see  him  for  the  arrangement  of  that  matter.  I  went  to  him,  and  met 
there  Hr.  Hertz. 

Q.  Where  at  ?  A.  Jones’  Hotel. 

Q.  What  took  place  there  ? 

A.  After  having  some  conversation  with  him,  I  considered  it  too  hazardous  and 
dangerous  to  go  in  that  concern,  and  then  I  retired.  I  declined  to  engage. 

Q.  Did  you  see  him  afterwards  ? 

A.  Yes,  sir;  but  at  that  time  Mr.  Howe  promised  to  give  me  a  commission  in  the 
“legion .” 

Q.  Was  Mr.  Hertz  present  at  that  time?  A.  Mr.  Hertz  was  present  at  that  time. 

Q.  What  else  did  he  say  to  you  ?  A.  That  was  all, 

Q.  What  inducement  did  he  hold  out  to  you  in  order  to  get  you  to  go  into  this 
business  ? 

A.  I  did  not  know  at  that  time  precisely  that  the  laws  of  the  United  States  forbid 
the  recruiting,  and  not  believing  that  it  was  against  the  law,  I  would  have  gone  into 


46 


it,  but  after  having  consulted  with  many  of  my  friends,  I  came  to  the  resolution 
to  decline. 

Q.  Did  you  see  him  afterwards?  A.  Ko,  I  did  not  see  him  after  that. 

Q.  (The  original  drafts  of  the  proclamation  which  Mr.  Strobcl  testified  was  the 
hand- writing  of  Mr.  Howe  and  is  given  above;  see  page  41  for  this  paper,)  was  here 
shown  the  witness,  and  the  question  was  asked  him  whether  he  had  ever  seen  it?  He 
answered,  I  have  seen  that  paper  before  ;  I  have  translated  it,  and  it  has  been  insert¬ 
ed  in  the  Philadelphia  Democrat,  German  Democrat,  and  Free  Press. 

Q.  Who  asked  you  to  translate  and  insert  it  ?  A.  Mr.  Hertz. 

Q  Did  you  ever  go  to  Mr.  Hertz’s  office  ? 

A.  I  have  been  to  it  once  or  twice  ;  it  was  only  to  see  what  was  going  on. 

Q.  Did  you  ever  go  to  collect  money  for  his  advertisement? 

A.  Ko,  sir.  I  think  Mr.  Murris,  the  clerk,  did  that. 

Q.  What  was  going  on  there  when  you  went  there? 

A.  I  have  seen  there  many  men,  but  it  was  not  my  business  to  look  at  it. 

Q.  Did  you  ever  ask  Hertz,  or  did  he  ever  tell  you  without  being  asked,  how  many 
men  he  sent  to  Halifax? 

A.  Yes,  sir,  he  told  me  he  sent  100  or  so  on  to  Halifax. 

Q.  Did  he  say  what  he  sent  them  for  ?  A.  No. 

Q.  Did  he  tell  you  who  took  them? 

A.  It  was  only  in  a  conversation  in  the  street,  and  I  was  not  particular. 

Q.  Did  he  ever  say  anything  to  you  in  reference  to  your  going  there  yourself  to 
take  the  command  ? 

A.  Yes,  sir,  he  has  told  me  to  go  and  I  have  replied  that  I  would  not. 

Q.  How  often  did  you  see  Hertz  in  the  presence  of  Howe? 

A.  I  believe,  twice. 

Q.  When  was  the  second  time?  A.  That  was  when  I  declined. 

C.  Was  Mr.  Hertz  with  Howe  when  you  saw  him  at  your  office  ? 

A.  No,  sir,  there  was  nobody  with  him. 

Q.  You  only  saw  him  then,  once  at  your  office  and  once  in  the  presence  of  Mr. 
Hertz,  at  Jones’  Hotel. 

A.  Yes,  sir. 

Cross-examined  by  Mr.  Pvemak. 

Q.  Did  you  not  know  Hertz  before  Howe  introduced  him  ? 

A.  Yes,  sir,  I  have  spoken  to  him. 

Q.  You  have  stated  that  at  first  you  were  inclined  to  go  into  this  matter.  Did 
not  you  write  in  your  paper  articles  in  favor  of  the  “Foreign  Legion?’’ 

A.  No,  sir. 

Q.  Did  not  your  paper  contain  such  articles;  A.  I  believe  not. 

Q.  Do  you  not  remember  that  the  Democratic  paper,  at  whose  head  you  were  at  the 
time,  had  articles  against  it? 

A.  I  believe  it  had  articles  against  it. 

Q.  .4nd  was  not  you  yourself  in  favor  of  this  “  Foreign  League  ?  ” 

-V.  No,  sir,  I  was  not  in  favor  of  it. 

Q.  Did  you  not  induce  Hertz  to  put  in  that  advertisement? 

A.  No,  sir;  he  desired  me.  I  translated  it. 

Q.  Did  not  you  go  to  Mr.  Howe  in  order  to  induce  him  to  do  something  in  re¬ 
lation  to  this  translation  ? 


A.  Not  to  my  recollection;  nothing  of  the  kind. 

Mr.  Van  Dyke  here  showed  witness  an  advertisement  in  a  German  paper,  and 
asked  him  whether  it  was  a  translation  of  the  original  paper  which  was  handed  him  ? 

A.  It  is  the  translation. 

Q.  You  put  that  in  at  whose  request?  A.  For  a  month,  I  think, 

Q.  Who  asked  you  to  publish  it  ? 

A.  I  published  it  at  the  request  of  Mr.  Hertz. 

Q.  By  Mr.  Cuyler — Where  did  he  (Hertz)  ask  you  to  translate  it? 

A.  He  asked  me  to  translate  it  and  insert  it  in  our  paper. 

Q.  By  Mr.  Cuyler — At  what  place  did  he  ask  you  that  ? 

A.  I  remember  not,  but  I  believe  it  was  in  his  ofBce. 

Mr.  Cuyler.  You  are  perfectly  sure  that  Hertz  asked  you? 

A.  I  am  sure  Hertz  asked  me  to  translate  it  and  insert  it  in  the  Free  Press  and 
Philadelphia  Democrat. 

Ml'.  Cuyler.  Did  Hertz  personally  himself  ask  you?  A.  Yes,  sir. 

Mr.  Van  Dyke  here  gave  in  evidence  the  German  translation  of  the  original  pro¬ 
clamation,  as  published  in  the  German  papers  of  this  city.  The  original  can  be 
found  in  Strobel’s  testimony  on  page  41. 

THOMAS  L.  BUCKNELL,  sworn. — Examined  by  Mr.  Van  Dyke. 

Q.  Will  you  state  to  the  Court  and  Jury  all  you  know  of  this  matter? 

A.  Well,  on  the  18th  of  March  it  was  I  heard  that  the  Hon.  Joseph  Howe,  who  was 
either  President  or  Director  of  the  railroads  in  the  Province,  was  in  New  York,  and  p 
went  on  in  the  5  o’clock  train.  I  wished  to  see  the  procession  of  the  17th  of  March, 
“St.  Patrick’s  day,”  and  I  thought  I  might  see  both  together.  I  saw  him  at^half- 
past  11  o’clock,  on  the  16th,  at  Delmonico’s  Hotel.  I  spoke  to  him  of  what  I  had 
visited  New  York  for,  and  he  told  me  he  would  see  me  again  and  see  what  he  could 
do  about  giving  me  employment  as  Civil  Engineer.  He  said  you  can  be  of  use  to  me 
in  one  or  two  matters  while  in  the  city,  he  gave  me  some  ten  sovereigns  I  think  to  go 
to  bank  to  get  changed  into  American  money  and  buy  some  stationery.  Well,  I 
bought  the  stationery,  and  got  the  money  changed,  and  went  back  and  gave  the 
money  up,  and  that  was  the  last  I  saw  of  him  on  that  day.  On  the  17th,  I  called 
again,  and  he  asked  me  to  dine  with  him.  I  dined  with  him  about  half-past  4,  and 
showed  him  my  testimonials  from  different  engineers.  Two  or  three  gentlemen  came 
in  while  at  dinner,  and  the  conversation  stopped  about  what  he  could  do  for  me.  I 
do  not  think  I  saw  him  then  until  Monday,  and  he  asked  me,  if  in  4he  course  of  my 
walks  through  the  city  I  would  call  for  him  at  the  Metropolitan  Hotel,  and  see  if 
there  were  any  letters  for  him.  I  called  there  and  got  two  letters  and  brought  them 
to,  him  he  had  gone  out  for  the  evening  and  I  left  them  with  the  bookkeeper,  I  forget 
now  whether  I  sent  them  up  to  his  room  or  left  them  with  the  bookkeeper;  I  called 
next  day,  I  think  it  was  on  Tuesday,  and  he  asked  me  whether  I  would  like  to  go  on 
to  Philadelphia  and  IVashington;  I  said  it  was  all  the  same  to  me  where  I  go,  for  I 
have  nothing  else  to  do ;  so  he  gave  me  a  parcel  tied  up,  I  don’t  know  whether  it  was 
directed  or  not,  to  leave  with  a  man  by  the  name  cf  Hertz,  at  No  68  South  Third  street, 
Philadelphia;  I  brought  the  parcel  on  and  called  next  morning  at  No  68  South 
Third  street,  and  asked  if  there  was  a  man  by  the  name  of  Hertz  there;  there  was  a 
small  sized  man  in  the  room  and  he  s.aid  that  Mr.  Hertz  was  in  the  next  room  and  he 
would  call  him;  he  called  him,  and  he  come  out  and  said  I  am  Hertz;  I  then  said  the 
Hon.  Joseph  Howe  directed  me  to  leave  this  with  you,  and  you  will  please  give  me  a 


48 


receipt  for  it ;  I  then  left  the  parcel.  That  was  all  the  conversation  I  had  with  him 
on  that  occasion ;  I  left  his  office  and  went  with  some  printed  or  sealed  documents  to 
Washington. 

Q.  From  him  ? 

A.  No,  sir,  from  Howe.  I  did  not  get  any  answer  to  those.  I  came  back  again. 
Thesealeddocuments  were  directed  to  Mr.  Crampton.  He,  Mr.  Crampton,  asked  me 
when  I  left  New  York.  I  told  him  about  leaving  this  parcel  at  Hertz’s,  and  he  told 
me  he  would  recommend  me  to  call  back  that  way  and  get  it  again. 

Q.  You  are  sure  it  was  him? 

A.  Yes,  sir,  I  am  certain.  He  told  me  to  call  that  way  again.  I  called  at  Hertz’s 
office  on  my  way  back,  and  gave  him  the  receipt  I  had  taken  for  the  papers,  and  took 
away  the  papers  I  had  left  at  his  office.  That  was  the  last  I  saw  of  Hertz  until  I 
saw  him  at  the  office. 

Q.  What  papers  were  they? 

A.  They  are  the  printed  circulars  that  came  from  Halifax ;  the  circulars  with  the 
British  Coat  of  Arms  upon  it.  ^ 

Judge  Kane — The  witness  spoke  of  that  as  an  enclosed  parcel  ? 

Witness — There  was  no  cover  on  it,  there  was  only  a  piece  of  twine  around  the 
parcel  and  I  could  see  what  they  were.  I  took  them  when  I  came  back  and  rolled 
them  up  myself  and  brought  them  back  to  New  York.  [Circular  shown  witness  with 
the  British  Coat  of  Arms  upon  it,  a  copy  of  which  is  already  published.  See  copy 
on  page  15.]  That  is  the  circular  I  saw. 

Q.  You  went  back  to  New  York  after  that?  A.  Yes,  sir. 

Q.  Did  you  see  Howe?  A.  Yes,  sir. 

Q.  Were  you  there  when  Mr.  Strobel  came  ?  A.  Yes,  sir  ;  I  saw  Mr.  Strobel. 

Q.  did  you  give  him  any  money  ? 

A.  No,  sir,  not  to  Mr.  Strobel.  At  the  request  of  Mr.  Howe,  I  gave  $100  to 
Mr.  Hertz. 

Q.  To  Mr.  Strobel  and  him  together  ?  A.  Yes,  sir. 

Q.  At  the  Astor  House  ?  A.  No,  sir,  at  Delmonico’s. 

Q.  What  did  Hertz  do  with  the  money  ?  A.  I  do  not  much  mind. 

Q  Did  not  you  see  what  he  did  with  it  ? 

A.  I  saw  him  get  a  receipt  for  part  of  it  from  Mr.  Strobel — I  believe  it  was  $80  00. 

Q.  Did  you  see  the  men  that  Strobel  had  there  ?  A.  No,  sir. 

MAGNUS  BENAS,  affirmed — Examined  by  Mr.  Van  Dyke. 

Q.  Where  do  you  live? 

A.  No.  218  North  Fourth  street.  My  business  is  pocket-book  making.  I  know  Hertz. 

Q.  State  what  you  saw  in  reference  to  these  enlistments  ? 

A.  I  got  acquainted  with  Hertz  about  eight  days  before  he  was  arrested.  I  was 
down  at  the  wharf  as  the  steamer  Sanford  left,  and  I  was  in  his  office  on  the  same 
day  and  afterwards.  I  got  in  his  employ  about  a  week  afterwards. 

Q.  You  got  in  Hertz’s  office  ?  A.  Yes,  sir,  in  Mr.  Hertz’s  employ. 

Q.  About  eight  days  before  he  was  arrested  ? 

A.  No,  sir,  after  he  was  arrested — about  the  2d  of  April. 

Q.  Still  in  the  same  office  ?  A.  Yes,  sir. 

Q.  Well,  then,  what  did  he  engage  you  for  ? 

A.  Well,  for  transacting  his  business.  It  was  a  commission  office. 


49 


Q.  Did  you  write  that  card  to  Halifax  at  his  request? 

A.  I  wrote  that  card  on  my  own  account.  It  was  for  an  acquaintance  of  mine, 
and  I  wrote  it  on  my  own  account. 

Q.  Do  you  know  anything  about  the  office  for  recruiting,  and  Mr.  Hertz’s  connec¬ 
tion  with  it  ? 

A.  Well,  I  heard  something,  but  I  did  not  know  anything  before. 

Q.  Did  he  tell  you  anything  about  the  office  kept  by  the  Baron  Von  Schwatzenhorn. 
State  what  you  know  about  Hertz  engaging  Von  Schwatzenhorn? 

A.  There  was  a  conversation  between  the  Baron  Von  Schwatzenhorn  and  Hertz. 

By  Mr.  Cuyler.  Q.  In  your  presence  ? 

A.  Yes,  sir,  they  met  at  68  South  Third  street,  and  agreed  that  Von  Schwatzenhorn 
should  see  to  getting  the  men,  and  Hertz  procured  the  vessels  to  bring  them  to  Hali¬ 
fax,  and  accordingly  Hertz  sent  me  at  different  times  to  the  office  of  the  English 
Consul  to  enquire  about  vessels  loading  for  Halifax.  Merchant  vessels,  mostly 
schooners. 

Q.  That  was  for  the  men  whom  Baron  Von  Schwatzenhorn  was  getting? 

A.  Yes,  sir.  I  was  about  four  or  five  times  in  the  office  and  got  about  five  vessels, 
two  of  the  vessels  I  recollect  the  names  of,  they  were  the  “Gold  Hunter”  and 
“  Boneita.” 

Q.  Were  men  sent  in  these  vessels? 

A.  Yes,  sir,  they  were  sailing  vessels,  direct  for  Halifax. 

Q.  Were  they  English  vessels?  A.  Yes,  sir,  I  guess  so  ;  I  do  not  know  sure. 

Q.  Did  you  see  any  of  the  vessels  ?  A.  Yes,  sir,  1  saw  them  all. 

Q.  Did  you  see  the  names  of  any  of  them?  A^  Yes,  sir,  I  told  you. 

Q.  Where  did  they  hail  from  ?  A.  I  do  not  know. 

Q.  How  many  men  did  you  ever  see  off  in  a  vessel  ? 

A.  I  saw  them  off,  once  four  men  and  another  time  six,  but  never  more  than  six 
were  in  one  vessel. 

Q.  What  was  the  character  of  these  vessels  ?  A.  They  were  schooners. 

Q.  Was  it  at  the  request  of  Hertz  that  you  went  to  the  British  Consuls  to  know 
when  merchant  vessels  were  going  to  sail  for  the  purpose  of  sending  the  men  Baron 
Von  Schwartzenhorn  had  engaged  ?  A.  Yes,  sir.  ' 

Q.  Where  did  the  Baron  Von  Schwartzenhorn  keep  his  office  ? 

.  A.  He  lived  at  the  corner  of  Fourth  and  Brown. 

Q.  This  was  after  the  arrest  of  Hertz  ?  A.  Yes,  sir,  it  was. 

Q.  Do  you  know  at  whose  request  the  Baron  commenced  to  engage  men  ? 

A.  I  do  not  know. 

Q.  (Card  shown  witness,  a  translation  of  which  is  published  at  bottom  of  page  44 
ante.)  Look  at  the  bottom  of  that  card  and  say  if  you  have  not  stated  at  whose  re¬ 
quest  you  wrote  it  ? 

A.  I  did  it  of  my  own  accord,  and  wrote  that  down  to  let  Mr.  Strobel  know  that  I 
was  in  the  employ  of  Hertz. 

Q.  Is  it  not  written  at  the  request  of  Mr.  Hertz,  at  the  bottom  ? 

A.  I  wrote  it  so,  but  it  was  on  my  own  account. 

Q.  Do  you  know  Schuminski? 

A.  Yes,  sir,  I  saw  him.  He  was  not  engaged  at  the  request  of  Mr.  Hertz,  but  of 
the  Baron  Von  Schwatzenhorn.  He  was  with  the  Baron. 

Q.  They  acted  together  ?  A.  Yes,  sir. 

4 


50 


Q.  Do  you  know  how  many  men  the  Baron  got  altogether  ? 

A.  No,  sir,  1  do  not  know,  I  guess  about  twenty  or  twenty-six,  I  cannot  tell  for 
sure. 

Q.  Did  Hertz  ever  tell  you  how  many  men  he  sent  altogether?  A.  No,  sir. 

Cross-Examined  by  Mr.  Remak. 

Q.  Mr.  Baron  Von  Schwatzenhorn  was  not  requested  then  by  Mr.  Hertz  to  send 
men?  A.  No,  sir. 

Q.  Do  you  know  AVinsor  and  other  gentlemen  who  procured  the  vessels? 

A.  I  do  not  know  anything  about  it. 

Q.  AVas  Mr.  Hertz  exactly  in  the  position  of  AVinsor  and  other  gentlemen  who  had 
vessels  at  their  disposal  ? 

A.  I  do  not  know.  Mr.  Hertz  sent  me  to  the  English  Consul  to  inquire  about  vessels 
loading  for  Halifax — that  is  all  I  know.  I  know  they  were  for  sending  the  men  to 
Halifax  that  the  Baron  A^on  Schwatzenhorn  procured. 

Q.  Did  you  not  know  that  the  Baron  was  indicted  in  this  Court? 

A.  Yes,  sir,  I  knew  that. 

By  Mr.  Van  Dyke. 

Q.  Do  you  know  where  he  is  now  ?  A.  In  Halifax. 

0.  AVhat  is  he  doing  ?  A.  I  do  not  know. 

CHARLES  BURGTIIAL,  sworn — This  witness  was  a  German,  who  could  not  speak 
English,  and  Mr.  Theodore  H.  Oehlschlager  was  sworn  as  interpreter. 

Examined  by  Mr.  Van  Dyke. 

Q.  AVhere  are  you  from  ?  A.  From  Vienna. 

Q.  In  what  service  have  you  been  ?  A.  Military. 

Q.  In  what  military  service  ?  A.  The  Austrian. 

Q.  AVhat  official  position  did  you  hold? 

A.  I  was  a  Major  and  Lieutenant-Colonel  in  the  Engineer  service. 

Q.  AVhen  did  you  come  to  this  country  ?  A.  The  28th  of  September,  1848. 

Q.  AVhere  had  you  been  located  with  your  command  before  you  came  here  ? 

A.  In  Hungary. 

Q.  At  what  place  ?  A.  At  Komorn. 

Q.  Did  you  at  any  time  see  Mr.  Crampton  in  reference  to  recruiting  for  the  British 
government  ?  A.  Yes,  sir. 

Q.  State  when  you  first  saw  him,  and  how  you  happened  to  go  to  see  him 

A.  I  was  engaged  as  Superintendent  on  the  Panama  Railroad,  but  being  sick,  re¬ 
turned  to  the  United  States  and  went  to  see  Mr.  Marcy  and  Mr.  Cushing  and  other 
gentlemen,  and  when  in  AA^ashington  became  acquainted  with  Captain  Strobel.  I 
knew  Mr.  Strobel  previous  to  this,  five  years  before.  Mr.  Strobel  informed  me 
that  Mr.  Crampton  was  seeking  officers  for  this  business.  In  the'  end  of  February  I 
went  out  with  Mr.  Strobel  to  see  Mr.  Crampton ;  I  went  to  Mr.  Crampton’s  with  Mr. 
Strobel,  he  was  not  at  home ;  he  was  at  a  dinner  party  at  Mr.  Marcy’s ;  I  left  my 
card  there,  and  went  to  Baltimore  to  my  family ;  four  or  five  days  afterwards  I  re¬ 
ceived  a  telegraphic  despatch  from  Mr.  Crampton,  requesting  me  to  return  to  AVash- 
ington ;  the  next  day  I  did  so ;  I  went  over  there,  and  was  with  Mr.  Crampton,  and 
•held  a  conversation  of  over  an  hour  with  him,  relative  to  this  recruiting  business ;  he 
made  me  a  proposition,  requesting  me  to  enter  the  regiment  as  Colonel ;  I  observed 
to  him,  that  I  would  not  enter  the  service  unless  there  was  a  perfect  security,  as  to 
my  getting  a  commission  as  I  did  not  wish  again  to  enter  the  service  of  a  despotic  power. 


51 


Q.  What  do  you  mean  by  “perfect  security  ?” 

A.  I  mean  a  commission  from  the  Queen,  as  no  one  else  'was  able  to  give  a  com¬ 
mission. 

Q.  What  else  occurred  ? 

A.  Then  I  came  to  Philadelphia  in  the  beginning  of  March,  and  s.aw  Strobel  here  ; 
I  also  made  the  acquaintance  of  Mr.  Hertz  ;  about  the  10th  or  12th  of  March,  Mr. 
Howe  came  here  and  visited  me. 

Q.  Did  Mr.  Howe  call  on  you  of  his  own  accord  ? 

A.  He  looked’  for  me  and  visited  me  of  his  own  accord,  having  heard  from  Mr. 
Kumberg  that  I  was  here. 

Q.  State  the  conversation  between  Mr.  Howe  and  you  ? 

A.  He'made  the  same  proposition.  He  stated  that  he  had  officers  here,  in  Balti¬ 
more,  in  New  York,  in  Chicago,  and  in  different  parts  of  the  country.  He  then  told  me 
that  he  would  obtain  for  me  a  commission ;  that  he  had  authority  from  Mr.  Crampton 
so  to  do  ;  I  refused  the  offer,  having  other  employment  here  at  the  time.  Afterwards, 
Mr.  Howe  visited  me  with  two  or  three  other  gentlemen,  and  invited  me  to  Jones’ 
Hotel.  I  went  to  him  and  dined  with  him  and  these  other  gentlemen.  I  informed 
him  at  dinner  of  my  opinion  in  relation  to  this  recruiting  business,  that  it  had  been 
forbidden  in  the  U.  S.  He  showed  me  two  placards,  one  in  German  and  the  other  in 
English,  and  also  a  journey  card  and  ticket,  and  told  me  that  he  did  not  think  he 
could  be  laid  hold  of  in  the  matter. 

Mr.  Bemak — He  said  that  he  felt  certain  that  nothing  could  be  done  to  him  ? 

A.  That  nothing  could  be  done  against  him  in  the  United  States.  He  also  requested 
me,  if  I  came  to  New  York,  to  visit  him  at  Delmonico’s  Hotel.  I  went  there,  but  did 
not  meddle  any  further  in  the  matter,  nor  go  to  see  him. 

Q.  Did  you  at  any  time  see  Mr.  Hertz,  or  have  any  conversation  with  him  ? 

A.  I  saw  Mr.  Hertz  very  often  when  I  came  to  see  IMr.  Strobel. 

Q.  Where  at?  Mr.  Hertz’s  office  in  Third  street. 

Q.  What  was  he  doing  ? 

A.  I  do  not  know ;  he  was  writing ;  people  came  there  for  him,  they  came  to  see 
him. 

Q.  Did  Hertz  have  any  conversation  with  you  ? 

A.  I  said  nothing  to  him,  I  simply  saluted  him. 

Q.  Plad  he  any  conversation  with  you  in  reference  to  recruiting  men  ? 

A.  Yes,  sir,  I  think  he  spoke  of  it. 

Q.  What  did  he  say  ? 

A.  He  said  that  he  sent  people  to  Halifax,  but  not  for  military  service,  that  he  had 
a  commission  to  do  so. 

Q.  What  did  he  send  them  for  ? 

A.  I  had  my  opinions  as  to  why  they  were  sent  there,  but  I  did  not  tell  him,  nor 
did  he  tell  me. 

WILLIAM  BUDD,  sworn — Examined  by  Mr.  Van  Dyke. 

Q.  Are  you  acquainted  with  Mr.  Hertz  ?  A.  Since  the  13th  of  March. 

Q.  Where  were  you  made  acquainted  with  him  ? 

A.  I  was  introduced  to  him  as  the  agent  in  this  city  for  the  recruiting  for  the 
“foreign  legion.” 


52 


Q.  State  what  took  place  ? 

Judge  Kane — 'What  was  the  character  of  the  introduction  ? 

■Witness — He  was  introduced  to  me  as  the  agent,  by  my  friend,  Mr.  Strobel.  We 
went  down  there  one  morning,  and  after  some  preliminary  conversation  between  Hertz 
and  Strobel,  he  introduced  me  to  him.  Strobel  remained  in  the  outside  room,  and  he 
asked  me  whether  I  would  go  to  Halifax  ;  he  said  that  he  was  agent  of  the  foreign  le¬ 
gion,  and  asked  me  whether  I  had  called  to  receive  information  about  it;  I  told  him  I 
had ;  he  then  told  me  that  commissions  were  to  be  issued  for  men,  who  would  go  on 
there,  and  he  supposed  that  I  would  get  one  ;  I  then  gave  him  my  address,  and  he  re¬ 
quested  me  to  call  again,  and  he  would  let  me  know  when  the  first  expedition  started, 
to  stop  in  every  day  and  see  him,  and  see  what  was  going  on.  I  did  so.  He  engaged 
me  to  go  on  there,  for  the  purpose  of  obtaining  a  commission. 

Q.  State  the  conversation  fully,  that  occurred  between  him  and  you,  in  reference  to 
your  going  there  ? 

A.  Well,  we  had  a  great  many  conversations  ;  almost  every  day  we  talked  about  it. 

Q.  When  did  you  first  agree  with  him  to  go  to  Halifax,  for  the  purpose  of  obtaining 
a  commission  ?  State  the  conversation  that  then  took  place. 

A.  I  did  not  agree  on  the  first  interview,  I  told  him  I  would  think  about  it. 

Q.  What  did  he  say  at  that  interview  ?  A.  He  promised  me  a  commission. 

Q.  Did  he  ask  you  to  go  with  that  view  ?  A.  Yes,  sir,  he  did. 

Q.  And  you  told  him  you  would  think  about  it  ?  A.  Yes,  sir. 

Q.  What  next  took  place  ? 

A.  After  two  or  three  days,  he  asked  me  if  I  had  made  up  my  mind;  I  told  him 
yes,  I  would  go  to  Halifax  and  see  what  took  place  when  I  got  there.  He  then 
intended  to  send  me  with  Capt.  Strobel,  but  I  concluded  not  to  go ;  there  was 
not  men  enough  going,  and  I  preferred  to  hear  from  him  and  hear  how  he  got  on  when 
he  got  there.  It  was  on  a  Sunday  when  he  started,  and  I  did  not  go  with  him. 

Q.  What  did  you  do  from  the  Sunday  up  to  the  time  you  started  ? 

A.  On  Monday,  Hertz  was  in  New  York. 

Q.  Who  had  charge  of  the  ofnee  while  he  was  gone  to  New  York  ? 

A.  Bosschart  and  myseK  were  there,  and  we  took  several  persons  down  who  came 
in  there. 

Q.  Did  you  do  that  at  the  request  of  Hertz  ?  A.  We  did  at  his  request. 

Q.  Who  was  Bosschart  acting  for  ?  A.  I  understood  he  was  acting  for  Hertz. 

Q.  Did  you  raise  any  men  in  that  time  ?  A.  About  25  or  30. 

Q.  What  did  you  do  with  them  ? 

A.  The  day  before  we  started  they  all  came  there,  -and  we  gave  them  tickets  and 
told  them  to  be  down  at  the  New  York  boat  next  morning.  I  went  down  there  after 
I  received  instructions  from  Hertz  where  to  go  to  in  New  York. 

Q.  What  instructions  did  you  receive  from  him  2 

A.  He  told  me  to  go  to  Delmonico’s  Hotel,  and  call  and  see  Bucknell.  We  started, 
and  did  not  get  any  further  than  the  Navy  Yard  when  we  were  arrested. 

Q.  You  took  the  men?  A.  I  did  not  take  them,  they  were  down  on  the  boat. 

Q.  They  were  in  your  command  ? 

A.  I  had  no  real  command.  I  was  considered  as  leader  of  the  party. 

Q.  By  arrangement  with  Hertz  ?  A.  Yes,  sir. 

Q.  How  many  had  you  ? 

A.  About  30  when  we  started.  I  only  saw  12  when  the  arrest  was  made.  I  think 


53 


there  was  30.  It  was  on  a  Wednesday.  I  am  not  sure  whether  it  was  on  Wednesday 
following  the  Sunday  that  Strcbel  went  on  with  men. 

Q.  Did  you  see  the  men  go  on  the  boat? 

A.  I  did,  sir,  and  told  several  of  them  to  hurry  up  or  they  would  lose  their  passage. 
I  took  the  tickets  from  them  after  we  had  started  down  the  river. 

Q.  What  boat  was  you  on  board  ? 

A.  The  Delaware  or  Sandford — one  of  the  New  York  line.  The  Delaware,  I  think. 

Q.  (Tickets  shown  witness  same  as  copied  on  page  35.)  State  whether  those  are  the 
tickets  used? 

A.  I  do  not  know;  tickets  like  those  the  men  had,  and  after  they  got  on  the  boat 
the  Captain  told  me  to  muster  them  and  take  them  up. 

Q.  They  got  those  tickets  from  Mr.  Hertz  and /yourself  you  have  said,  where  did 
you  get  the  tickets  you  gave  them? 

A.  From  Mr.  Hertz,  and  when  the  tickets  were  taken  from  them  I  gave  them  other 
tickets  which  the  clerk  of  the  boat  gave  me. 

Q.  Who  settled  with  the  boat  for  those  tickets  ?  A.  I  do  not  know. 

Q.  You  started  in  the  boat  and  were  going  down  the  river?  A.  Yes,  sir. 

Q.  What  happened  then  ? 

A.  When  I  mustered  them  and  found  there  was  so  few,  I  was  looking  for  the  rest, 
when  Mr.  Jenkins  came  up  to  me  and  told  me  he  would  like  to  see  me,  that  he  had  a 
warrant  for  me,  and  the  Marshal  would  be  up  alongside  in  a  steamboat  in  a  few  miu- 
utss ;  I  told  him  very  well,  they  searched  me  for  papers  and  brought  me  up  to  the 
office;  I  do  not  recollect  the  names  of  any  of  the  company. 

Q.  Had  you  a  muster  roll  ?  A.  I  had. 

Q.  Where  is  it  ?  A.  I  rather  think  I  tore  it  up  when  I  was  arrested. 

Q.  (Book  containing  the  names  of  the  men  who  enlisted  at  Hertz’s  office  shown.) 
Do  you  know  that  ?  A.  Yes,  sir. 

Q.  What  is  it  ? 

A.  I  cannot  say  exactly  whether  it  is  part  of  Strobel’s  company  or  mine  ;  I  rather 
think  it  is  mine  ;  several  of  the  men  who  had  enlisted  to  go  with  Strobel’s  company,  did 
not  go  with  him,  but  went  with  me,  and  this  list  is  part  of  Strobel’s  and  part  of  mine, 
I  think  ;  I  do  not  know  whose  writing  it  is  in  ;  Mr.  Hertz  gave  me  the  list,  and  I  sup  - 
posed  he  wrote  it ;  I  have  seen  the  book  in  Mr.  Hertz’s  office. 

Q.  (Paper  shown  witness  containing  a  list  of  names.)  Do  you  know  if  that  was  the 
list  of  your  company  ? 

A.  I  think  it  was,  to  best  of  my  knowledge,  and  I  think  I  made  those  marks  on  it. 
I  had  no  list  besides  this. 

Q.  (Another  paper  shown  witness  similar  to  the  first.)  Is  that  a  copy  of  this? 

A.  Yes,  sir,  I  expect  so. 

Mr.  Van  Dyke 'here  ofifered  in  evidence  the  list  of  names  which  the  witness  identi¬ 
fied  as  containing  the  names  of  the  members  of  this  company,  from  which  some  of 
the  bills  had  been  drawn.  The  list  is  read  in  evidence. 

Q.  Do  you  recollect  the  names  of  James  Johnson  or  Peter  Muhn  ?  A.  I  do  not. 

Q.  Do  you  recollect  Mr.  Bucknell’s  coming  into  the  office  with  the  handbill  ? 

A.  Yes,  sir. 

Q.  Do  you  know  whether  Mr.  Hertz  took  them,  and  what  he  did  with  them.  (Bill 
containing  the  British  Coat  of  Arms  shown  witness,  same  as  copied  on  page  ante  15.) 
Is  that  the  bill  ?  A.  Yes,  sir. 

Q.  AVhat  did  Mr.  Hertz  do  with  them  ? 


54 


A.  Several  were  stuck  up  around  the  office  and  on  the  outside,  and  several  were 
sent  to  be  distributed.  I  understood  they  were  sent  aroxind  to  the  Lager  Beer  Saloons. 
Q.  What  became  of  the  bills  ? 

A.  Mr.  Bucknell  took  some  away,  and  the  rest  were  burned. 

Q.  How  did  that  happen  ? 

A.  I  went  in  one  morning  and  saw  some  excitement,  they  were  shoving  the  papers 
in  the  stove,  and  they  told  me  that  IMr.  Bucknell  had  taken  the  rest  of  them  away 
with  him. 

Q.  Did  you  ever  see  Mr.  Perkins  in  the  office  ?  A.  No,  sir. 

Q.  What  did  Mr.  Hertz  tell  you  was  to  be  the  destination  of  the  men  you  took  ? 

A.  Halifax. 

Q.  What  were  they  to  do  there  ? 

A.  To  enlist  in  the  foreign  legion  if  they  were  found  physically  competent. 

Q.  Was  there  a  physician  at  the  office  for  the  purpose  of  examining  men  that  came 
there  ?  A.  No,  sir. 

Q.  Do  you  know  what  he  was  paid  for  getting  these  men  ? 

A.  I  do  not  know  the  exact  agreement. 

Q.  Did  you  ever  see  any  telegraphing  or  letters  written  by  Mr.  Hertz  ? 

A.  Yes,  sir. 

Q.  State  what  the  telegraph  contained? 

A.  I  saw  him  write  a  telegraph  dispatch  to  Bucknell ;  he  told  him  to  wait. 

Q.  Did  you  see  any  letters  written  by  Hertz  ?  A.  Yes,  sir. 

Q.  State  what  it  contained? 

Mr.  Cuyler  objected. 

Q.  To  whom  "was  the  letter  addressed  ?  A.  To  Mr.  Bucknell. 

MR.  BUCKNELL  was  here  re-called.  ^ 

Q.  Have  you  got  that  letter  written  by  Mr.  Hertz  ? 

A.  I  never  remember  his  sending  one. 

Q.  Did  you  ever  receive  the  telegraphic  dispatch  he  sent  you  ? 

A.  Not  that  I  can  remember. 

MR.  BDDD’S  examination  continued. 

Q.  State  what  was  in  that  letter? 

'  Mr.  Cuyler  objected. 

Q.  Where  did  you  last  see  the  letter  ?  A.  On  Mr.  Hertz’s  desk. 

Q.  Who  was  at  the  desk  at  the  time  ? 

A.  Mr.  Hertz  himself,  he  was  writing  at  the  time. 

Q.  Have  you  seen  it  since,?  A.  No,  sir. 

Q.  Do  you  know  whether  it  was  ever  put  in  the  Post  Office?  A.  No,  sir. 

By  Mr.  Cuyler — Have  you  any  knowledge  of  it  except  that  it  was  a  simple  sheet 
of  paper  on  which  he  was  writing  ? 

A.  Yes,  sir,  he  informed  me  of  the  nature  of  it  and  read  part  of  it  to  me. 

Q.  By  Mr.  Van  Dyke — Did  he  give  that  letter  to  you  after  it  was  written?  A.  No,  sir. 
Q.  You  have  no  knowledge  of  what  became  of  it?  A.  No,  sir. 

Q.  Go  on  and  state  to  the  best  of  your  knowledge  and  recollection  what  it  was  that 
Mr.  Hertz  wrote  on  that  sheet  of  paper? 

A.  Mr.  Hertz  was  writing  and  I  was  waiting  in  the  outer  office,  he  asked  me  how 
I  spelt  my  name  and  told  me  that  he  was  writing  about  me,  and  stating  that  I  waS 
coming  on  next  day;  I  then  went  around  to  where  he  was  writing,  and  he  again 


55 


asked  me  how  I  spelt  my  name,  and  I  looked  over  his  shoulder  and  saw  he  was  writ¬ 
ing  to  the  agent  in  New  York,  that  I  was  coming  on  with  men,  and  he  hoped,  he 
wrote,  that  he  would  keep  his  word  and  send  him  on  money  at  the  rate  of  $4  for 
superior  brands,  and  $2  for  inferior  brands. 

Q.  What  did  he  mean  by  superior  and  inferior  brands;  did  he  give  you  to  under¬ 
stand  ? 

A.  No,  sir,  he  did  not.  I  understood  this  perfectly.  It  meant  men. 

Q.  Did  you  see  him  writing  any  telegraphic  dispatch  ? 

A.  I  saw  him  write  a  telegraph  asking  whether  I  should  come  on  nest  day  or  not,  I 
forget  who  took  it  to  the  office. 

Q.  Was  there  anything  in  it  besides  that  ? 

A.  He  did  not  use  my  name;  he  asked  whether  he  should  send  20  or  30  parcels 
next  day. 

Q.  Do  you  know  whether  he  got  an  answer?  A.  Yes,  sir. 

Q.  What  was  the  answer  ? 

A.  “Yes.”  It  was  signed  “B”  I  think  it  was  “  yes,  all  right.”  It  was  in  the 
affirmative.  He  then  told  me  to  get  ready  to  go  next  morning. 

Q.  Did  he  say  anything  to  you  in  reference  to  getting  directions  in  New  York  as  to 
what  to  do  ? 

A.  He  told  me  I  would  get  directions  for  money  or  assistance  from  the  agent  at 
Delmonico’s  Hotel  to  proceed  on  to  Halifax. 

Q.  Did  he  mention  the  name  of  the  person  there? 

A.  He  asked  me  whether  I  would  know  Bucknell  again,  and  I  told  him  yes. 

Q.  Did  Hertz  give  you  any  money  before  you  left?  A.  No,  sir. 

Q.  Have  you  had  any  conversation  with  him  after  your  arrest  ?  A.  Oh,  yes! 

Q.  What  was  it  ?  A.  He  said  so  much  I  cannot  state  it. 

Q.  State  what  he  said  in  reference  to  this  recruiting  business  after  you  were 
arrested  ? 

A.  After  they  had  arrested  me,  the  Marshal  went  on  shore  and  arrested  Hertz,  at 
his  office,  and  they  kept  us  in  the  Delaware  a  couple  of  hours  until  they  had  prepa¬ 
rations  made  for  our  reception.  The  Deputy  Marshal  kept  the  boat  out  and  when  we 
came  up  to  the  office  I  found  Mr.  Hertz  here.  He  said  “all  right,  I  will  bail  you 
out,”  and  I  did  not  think  any  thing  more  about  it  until  I  was  committed. 

Q.  Did  he  say  anything  about  remaining  quiet? 

A.  Not  then,  not  until  the  latter  part,  when  I  had  some  difficulty  in  procuring  bail. 

Q.  What  did  he  say  to  you  then  ? 

A.  He  said  keep  quiet,  I  will  have  you  out  ;  he  afterwards  said  something  about 
the  matter,  it  was  to  keep  my  mouth  shut, it  would  be  all  right;  I  would  be  well  paid 
for  it. 

Cross-examined  by  Mr.  Cuyler. 

Q.  When  was  it  you  were  arrested  ?  * 

A.  I  cannot  exactly  remember  the  day,  but  it  is  very  well  known  ;  I  think  it  was 
in  the  latter  part  of  March. 

Q.  Was  there  any  previous  communication  between  yourself  and  the  United  States 
officers  before  the  arrest? 

A.  None  whatever.  ' 

Q.  This  arrest  was  not  then  in  consequence  of  any  conversation  between  yourself 
and  the  authorities,  directly  or  indirectly  ?  * 


56 


A.  No,  sir. 

Q.  Your  arrest  ■was  a  complete  surprise  to  yourself? 

A.  Yes,  sir,  to  me,  I  ■was  totally  unprepared  for  it. 

Q.  Where  did  the  conversation  take  place  when  he  told  you  to  keep  your  mouth 
shut? 

A.  Once  down  in  the  prison,  and  once  in  the  Commissioner’s  office. 

Q.  By  Mr.  Remak.  In  what  country  were  you  born  ? 

A.  I  decline  answering  that  question,  as  it  implicates  myself.  I  have  been  advised 
to  decline  answering  it. 

Q.  By  Mr.  Van  Dyke.  Did  you  ever  state  under  oath  where  you  were  born? 

A.  Never. 

Q.  By  Mr.  Cuyler.  Do  I  undertand  you  to  say  distinctly  that  to  answer  the  ques¬ 
tion,  where  you  were  born,  would  involve  you  in  a  criminal  prosecution  ? 

A.  No,  sir,  but  to  answer  whether  I  am  a  citizen  or  not,  would  involve  me  in  a 
prosecution. 

Q.  By  Mr.  Remak.  Have  you  not  been  arrested  and  held  to  bail  before  the 
United  States  Commissioner,  Heazlitt,  on  the  charge  of  having  retained  and  hired  men 
for  the  foreign  service  ? 

A.  I  believe  so  ;  that  is  the  charge  on  which  I  was  arrested  and  held  to  bail  for  a 
further  hearing. 

• 

Q.  And  was  you  not  on  the  28th  of  March,  1855,  a  defendant  before  Commissioner 
Heazlitt ;  that  was  the  day  you  were  arrested  ?  A.  Yes,  sir. 

Q.  Did  you  not  turn  State’s  evidence  on  the  28th  of  March,  against  Hertz  ? 

A.  I  believe  that  was  the  first  day  I  gave  evidence. 

Q.  Did  you  not  say  before  the  United  States  Commissioner,  that  Hertz  had  prom¬ 
ised  you  money  in  case  you  would  keep  your  mouth  shut  ? 

A.  I  did  so  at  that  time. 

Q.  Did  you  not  receive  that  money  because  you  were  in  very  destitute  circum¬ 
stances  ?  A.  No,  sir,  I  did  not. 

Q.  Had  you  any  money  in  your  pocket  the  time  you  were  in  prison  ?  A.  I  had. 

Q.  How  much  ?  I  had  sufficient. 

Q.  You  stated  in  your  examination  in  chief,  that  Strobel  introduced  you  to  Hertz, 
as  an  agent  of  the  English  government,  why  did  you  not  say  so  before  the  United 
States  Commissioner? 

A.  I  said  so ;  I  do  not  know  whether  I  used  the  exact  words,  but  to  the  same 
sense. 

Q.  It  is  here  in  the  published  report  of  the  proceedings,  that  you  said: — “  I  was 
introduced  to  Hertz  about  the  15th  of  March,  by  Mr.  Strobel ;  was  introduced  to 
Hertz  as  the  person  who  would  give  me  all  the  information  about  organizing  the 
foreign  legion  in  Nova  Scotia.”  Did  you  not  say  that?  A.  Yes,  sir. 

Q.  You  said  to-day,  that  you  was  introduced  to  him  as  the  agent  of  the  English 
government  ?  A.  For  that  purpose. 

Q.  Did  you  or  did  you  not  state  before  the  United  States  Commissioner,  that  Hertz 
was  introduced  to  you  as  the  agent  for  the  English  government ;  you  say  now  that  he 
was  introduced  to  you  as  the  agent  of  the  English  government  ? 

A.  He  was  introduced  to  me  as  agent  appointed  in  this  city  by  the  government  for 
whom  the  foreign  legion  was  to  be  raised. 

Q.  You  said  that  he  was  introduced  to  you  there  as  the  person  who  gave  the  infor¬ 
mation  ?  A.  In  that  capacity. 


5T 


Q.  You  did  not  employ  the  word  agent  ?  A.  I  do  not  recollect  it. 

Q.  Did  you  not  say  before  the  United  States  Commissioner  that  it  was  left  optional 
to  any  person  coming  into  the  office  whether  he  would  go  to  Halifax  or  not,  or  what 
he  would  do  there  ? 

A.  I  said  that  of  course,  it  was  left  optional  with  the  recruits  to  go  to  Halifax,  but 
after  they  got  there  force  was  to  be  used  to  induce  them  to  enlist. 

Q.  Did  you  then  state  to  the  United  States  Commissioner  that  Hertz  was  the  agent 
to  enlist  those  persons  for  foreign  service  ?  A.  I  did  not  say  so. 

Q.  Did  you  not  state  to  the  United  States  Commissioner  that  Hertz  sent  men  to 
Halifax,  and  it  was  immaterial  to  him  what  they  were  going  to  do  there  ? 

A.  I  do  recollect  that  Hertz  sent  them  to  Halifax  for  the  purpose  of  being  en. 
listed  in  the  foreign  legion,  of  course  he  had  nothing  to  do  with  them  after  they  got 
there. 

Q.  Do  you  remember  the  31st  of  March,  when  Kichard  Vaux  was  your  counsel,  and 
when  Benjamin  Rush  made  that  great  speech,  was  not  you  a  defendant  at  the  begin¬ 
ning  of  that  period  ?  A.  I  do  not  know. 

Mr.  Van  Dyke.  There  is  no  dispute  about  it.  He  was  a  defendant,  and  was  dis¬ 
charged  by  the  Commissioner  by  my  direction. 

Mr.  Remak — It  is  for  the  Jury  to  know  ;  I  desire  to  know,  whether  or  not  the  wit¬ 
ness,  on  the  31st  of  March,  was  a  defendant,  and  had  made  up  his  mind  to  turn  State’s 
evidence  at  the  time  ? 

Mr.  Van  Dyke — I  discharged  him  for  the  purpose  of  using  him  as  a  witness. 

Mr.  Remak — I  desire  the  answer  of  the  witness. 

Witness — I  think  I  made  up  my  mind  ;  I  think  so,  I  am  not  positive. 

Q.  Did  not  Mr.  Hertz  say  to  you,  that  he  had  no  power  whatever  to  give  commis¬ 
sions  ? 

A.  He  said  he  had  not  power  to  issue  commissions  here. 

Q.  He  said  he  had  no  power  to  give  any  commissions  ?  A.  Here. 

Q.  Do  you  believe  he  had  any  power  to  do  so  ?  A.  I  really  do  not  know. 

Q.  Was  Mr.  Strobel  present  when  you  conversed  with  Mr.  Hertz? 

A.  On  some  occasions.  On  the  first  occasion  he  was  present  during  only  the  first 
part  of  the  conversation. 

Q.  Who  else  was  present  ?  A.  No  person, 

Q.  Did  not  you  desire  to  see  Mr.  Hertz  yourself? 

A.  After  I  was  informed  that  he  was  the  general  agent  of  the  English  government, 
I  did. 

Q.  Had  you  a  desire  to  enlist  in  foreign  service  ? 

A.  No,  sir,  I  was  not  going  to  enlist,  I  was  to  receive  a  commission,  not  to  enlist. 

Q.  And  you  say  Hertz  did  not  promise  you  any  commission  at  all? 

A.  I  did  not  say  so.  I  said  he  promised  me  that  the  fact  of  my  going  on  there 
would  insure  me  a  commission  when  I  got  there. 

Q.  He  had  not  power  to  give  one  ?  A.  Not  here. 

Q.  From  whom  did  you  receive  tickets  ?  A.  From  Mr.  Hertz. 

'  Q.  What  were  the  tickets  for  ? 

A.  To  give  to  those  men  I  was  going  to  take  on,  to  get  their  passage.  Nothing 
else  was  given  to  the  men. 

Q.  You  state,  I  think,  that  able  bodied  men  could  be  attested  in  Halifax,  if  they 
proved  physically  competent  ?  A.  Yes,  sir. 


58 


Q.  Did  you  hear  Mr.  Hertz  say  at  anytime  that  “physically  competent”  men  ■would 
be  received  at  Halifax  ? 

A.  No,  sir,  not  these  exact  words  ;  he  has  said  if  they  were  sound,  and  has  asked 
me  if  they  were  all  right. 

Q.  Why  did  you  not  say  that  before  the  U.  S.  Commissioner  ? 

A.  I  suppose  I  was  not  asked ;  I  do  not  know  the  reason  I  did  not. 

Q.  Did  not  your  examination  before  the  U.  S.  Commissioner  last  for  some  time,  for 
two  hours  ? 

A.  I  do  not  know  ;  it  lasted  for  some  time ;  I  could  not  exactly  say  what  time. 

Q.  Was  not  you  asked  at  the  time  all  you  knew  about  it? 

A.  I  was,  but  I  may  have  forgotten  some  particulars;  I  had  heard  so  much  that  I 
could  not  remember  exactly  all. 

Q.  How  comes  it  that  you  remember  it  now  and  not  then  ? 

A.  There  is  some  conversation  which  I  related  then  that  I  cannot  remember  now, 

Q.  Who  have  you  had  conversations  with  in  the  meantime  about  this  proceeding, 
that  is,  from  the  31st  of  March  to  this  23d  of  September? 

A.  With  a  great  many  persons  with  whom  I  am  acquainted,  I  merely  talked  the 
matter  over. 

Q.  Was  not  you  very  partial  to  carrying  on  the  war  in  Europe  against  Russia,  and 
for  that  reason  you  wanted  a  commission? 

A.  I  do  not  know,  sir ;  I  never  remember  expressing  my  sentiments ;  I  wanted  to 
go  there  to  have  a  fight,  and  I  did  not  care  which  side  I  went  on. 

Q.  Have  you  not  changed  since  that  time  in  regard  to  the  war  in  Europe  ? 

A.  No,  sir,  not  in  the  least. 

Q.  You  are  now  on  the  Russian  side  ?  A.  No,  sir,  I  am  not  nowon  any  side. 

Mr.  Van  Dyke  here  stated,  that  as  the  attorney  for  the  defence  (Mr.  Remak)  had 
seen  fit,  in  order  to  impeach  the  testimony  of  Mr.  Budd,  to  read  a  part  of  his  testi¬ 
mony  before  the  U.  S.  Commissioner,  in  justice  to  Mr.  Budd,  he  deemed  it  proper,  in 
corroboration  of  the  testimony  of  the  witness,  to  read  the  whole  of  the  testimony  be¬ 
fore  the  commissioner,  that  the  jury  might  see  that  there  is  no  discrepancy  in  the  two 
statements.  (Mr.  Budd’s  testimony  before  U.  S.  Commissioner  Heazlitt,  is  here  read 
by  Mr.  Y.) 

JOHN  JACOB  BOSSCHART,  sworn — Examined  by  Mr.  Van  Dyke. 

Q.  Do  you  know  Mr.  Hertz  ?  A.  Yes,  sir. 

Q.  How  long  have  you  been  acquainted  with  him  ? 

A.  I  guess  I  got  acquainted  with  him  last  March. 

Q.  Where  did  you  first  get  acquainted  with  him  ? 

A.  I  do  not  know  exactly  whether  I  got  acquainted  with  him  at  my  own  house  or 
first  at  his  office.  No.  68  South  Third  street.  I  think  it  was  at  my  house.  I  was  in 
the  habit  of  attending  his  office  during  the  month  of  March. 

Q.  State  all  that  took  place  between  you  and  him,  and  between  him  and  other  per¬ 
sons  in  relation  to  enlisting  for  the  Foreign  Legion? 

A.  I  was  first  made  acquainted  with  the  business  by  Mr.  Leob.  He  told  me  that 
Mr.  Hertz  had  entered  into  the  business  of  recruiting  for  the  British  foreign  legion. 
Sometime  afterwards,  Dr.  Biell,  who  was  boarding  with  me  at  the  time,  told  me  about 
it,  and  I  soon  after  saw  an  advertisement  in  the  German  Democrat,  Pennsylvanian  and 
Ledger,  that  they  wanted  men  for  the  British  foreign  legion,  that  every  one  who  choose 
to  go  to  No.  68  South  Third  street,  would  learn  the  particulars.  Dr.  Biell  and  Asch- 


59 


enfeld  went  down  there  and  I  went  too,  to  see  what  was  going  on ;  I  saw  the  officers 
and  men  going  there  ;  and  spoke  to  Mr.  Hertz  about  this  foreign  legion,  and  about 
their  pay  and  commissions.  Some  of  them  signed  their  names  in  the  book,  and  some 
of  them  were  taken  down  by  Hertz  himself. 

Q.  What  was  the  character  of  the  conversation  which  took  place  between  Mr. 
Hertz  and  the  men  when  they  came  up  there  ? 

A.  The  men  came  in  and  generally  asked  if  that  was  the  recruiting  office,  or  office 
to  enlist  men  for  the  Foreign  Legion,  the  reply  generally  was  that  that  was  no  recruit¬ 
ing  office,  and  that  they  could  not  be  enlisted  there,  but  if  they  choose  to  go  to  Hali¬ 
fax,  they  might  be  enlisted  there  ;  then  he  showed  them  the  handbills  which  stated 
that  $30  bounty  was  given,  and  $8  a  month  to  the  men  ;  he  said  that  it  was  in  his 
power  to  give  them  a  commission. 

Q.  (The  handbill  shown  witness  containing  British  Coat  of  Arms,  already  published, 
see  page  ante  15.]  Is  this  the  kind  of  handbill  which  he  showed  them?  A.  Yes,  sir. 

Q.  What  did  the  men  say  they  wanted  to  go  to  Halifax  for  ?  ^ 

A.  They  wanted  to  go  to  Halifax  to  serve  in  the  foreign  legion,  that  is,  the  men 
who  came  to  the  office. 

4 

Q.  Did  he  engage  them  to  go  there  for  that  purpose  ? 

A.  As  I  understood,  he  engaged  them  to  go  for  that  purpose. 

Q.  To  enlist  when  they  got  there  ?  A.  Yes,  sir. 

Q.  And  they  told  him  that  that  was  their  intention  when  they  got  there  ? 

A.  Yes,  sir,  they  told  him  that. 

Q.  How  long  were  you  vfith  him  in  that  office  ? 

A.  I  was  there  every  day  from  the  beginning  of  the  business  until  we  were  arrested. 

Q.  Do  you  recollect  any  physician  who  examined  the  men  ? 

A.  Well,  I  recollect  that  Dr.  Biell  examined  some  of  them. 

Q.  Do  you  know  what  Mr.  Hertz  was  to  get  for  sending  on  these  men  ? 

A.  No,  sir. 

Q.  Do  you  know  who  employed  Mr.  Hertz  to  do  this  business  ? 

A.  I  was  told  Mr.  Howe  employed  him. 

Q.  Who  told  you  ?  A.  I  do  not  recollect  who  told  me. 

Q.  Do  you  recollect  Mr.  Hertz  ever  saying  anything  about  it  ? 

A.  I  heard  Hertz  talk  frequently  about  Howe,  but  cannot  recollect  distinctly  that 
he  said  that  Howe  employed  him. 

Q.  Did  Hertz,  in  speaking  of  the  manner  in  which  he  was  employed  to  conduct  this 
business,  speak  of  Howe  as  being  connected  with  his  being  employed  ?  A.  Yes  sir. 

Q.  Did  Mr.  Hertz  ever  say  anything  to  you  about  Mr.  Crampton  having  employed 
him? 

A.  He  told  me  he  had  seen  Mr.  Crampton  on  the  subject. 

Q.  What  did  he  say  had  taken  place  between  him  and  Mr.  Crampton  ? 

A.  He  did  not  say  what  had  taken  place  between  him  and  Mr.  Crampton — not  that 
I  recollect. 

Q.  You  recollect  the  departure  of  Captain  Strobel  and  his  company?  A.  Yes,  sir. 

Q.  Were  you  at  the  wharf  at  the  time  ?  A.  Yes,  sir. 

Q.  Was  Hertz  there  ?  A.  Yes,  sir. 

Q.  To  assist  in  getting  them  off?  A.  Yes,  sir. 

Q.  Did  he  engage  that  company  to  go  to  Halifax  ?  A.  Yes,  sir. 

Q.  For  what  purpose  ?  ‘ 


60 


A.  For  the  purpose  of  enlisting  in  the  Foreign  Legion  as  I  understood. 

Q.  Do  you  know  whether  he  went  to  New  York  to  make  arrangements  for  sending 
that  company  from  New  York  to  Boston? 

A.  That  company  started  from  here  on  Sunday  morning,  at  10  o’clock,  and  Mr. 
Hertz  went  to  New  York  on  Sunday  night,  in  the  half-past  1  o’clock  train,  to  make 
arrangements  to  see  that  the  men  got  off  from  New  York;  he  returned  to  this  city 
on  Monday  night  or  Juesday  morning ;  I  saw  him  on  Tuesday  morning  again  in  the 
office. 

Q.  While  he  was  away  who  had  charge  of  the  office? 

A.  I  had  charge  of  the  office. 

Q.  Were  you  directed  to  conduct  the  business  for  him  while  he  was  away  ? 

A.  Yes,  sir. 

Q.  And  those  men  who  were  enlisted  during  the  absence  of  Hertz  on  Monday,  were 
engaged  by  you  at  the  direction  of  Hertz  ? 

A.  Yes,  sir ;  I  took  the  names  on  a  piece  of  paper  as  directed,  and  told  the  men 
Hertz  wbuld  be  back  on  Tuesday,  and  find  a  vessel  to  bring  them  on  to  Halifax. 

Q.  Why  did  you  not  take  the  names  in  the  book  during  his  absence  ? 

A.  I  guess  I  was  directed  by  Hertz  to  take  them  down  on  the  paper. 

Q.  (Paper  shown  witness.)  Is  that  in  your  writing? 

A.  I  could  not  say  whose  writing  it  is,  some  of  it  is  written  by  me,  two  of  the 
names  are  written  by  me,  Robert  Korn  and  Peter  Sable  ;  it  is  the  list  which  was  kept 
in  the  office,  that  list  contained  the  names  of  those  who  engaged  to  go. 

Q.  (.Another  paper  shown.)  Is  that  another  list  of  the  names  kept  in  the  office? 

A.  Yes,  sir  ;  there  is  none  of  my  writing  on  that. 

Q.  (Book  containing  the  names  of  those  who  enlisted,  which  has  already  been  partly 
published,  shown.)  Look  at  that  book  and  say  whether  you  see  any  of  Hertz's  writing 
in  it  ? 

A.  The  names  on  the  first” page,  I  think  are  all  written  by  the  men.  On  the  second 
Jjage  also,  and  on  the  third  page  some  of  them  are  written  by  Hertz. 

Q.  (List  of  officers  in  the  back  of  the  book  shown  witness.)  What  is  that? 

A.  That  is  the  list  of  the  officers.  It  is  in  Mr.  Hertz’s  writing.  It  contains  the 
names  of  Strobel,  Esson,  Shumann,  Biel,  Lisepenny,  Budd,  Aschenfeld,  Riter  and 
Anglere.  I  know  those  men  engaged  to  go  as  officers — some  of  them  as  non-commis¬ 
sioned  officers,  and  some  of  them  as  commissioned  officers. 

Q.  Do  you  know  what  pay  Mr.  Hertz  got  for  this  ?  A.  No,  sir. 

Q.  (Tickets  shown.)  Did  you  see  many  of  this  kind  of  tickets  about  the  office? 

A.  Yes,  sir,  there  was  a  great  many  of  those  tickets. 

Q.  Did  the  men  who  went  in  Strobel’s  company  get  any  tickets? 

A.  I  guess  so.  I  am  not  certain. 

Q.  (Another  book  shown.)  Do  you  know  thOit  book  ? 

A.  I  saw  that  book  once  there. 

Q.  Whose  writing  is  that  in  it? 

A.  I  guess  it  is  the  writing  of  a  man  in  the  employ  of  Mr.  Hertz,  Mr.  Holm.  I  do 
not  know  exactly,  but  I  think  so. 

Book  read  in  evidence,  from  which  it  appeared  that  Hertz  was  debited  witli  $750 
and  credited  by  cash,  with  $300,  and  then  charged  with  758  tickets. 

Q.  Do  you  know  who  he  got  that  cash  from  ?  A.  No,  sir. 

Q.  (Some  handbills  were  shown  witness,  same  as  on  page  16,  ante.)  How  many 
of  those  handbills  did  you  see  about  there  ? 


61 


A.  I  could  not  tell  how  many.  I  saw  a  package  of  them,  Mr.  Bucknell  brough 
them. 

Q.  Were  any  of  them  posted  about  ?  A.  Yes,  sir. 

Q.  By  whom?  A.  I  cannot  tell. 

Q.  Who  directed  it  to  be  done  ?  A.  Mr.  Hertz. 

Q.  Do  you  know  who  paid  the  German  Democrat  for  the  advertisement  of  this  call  ? 

A.  Mr.  Hertz  did. 

Q.  Where  did  he  pay  ?  A.  In  his  office. 

Q.  Who  called  for  it  ?  A.  The  clerk  of  the  Democrat,  Mr.  Morris. 

Q.  Did  you  see  him  pay  ?  A.  I  saw  him  pay. 

Q.  You  were  arrested  at  the  office  ?  A.  Yes,  sir. 

Q.  With  Mr.  Hertz  on  the  morning  that  the  steamer  started  ?  A.  Yes,  sir. 

Q.  Was  it  before  or  after  the  men  were  arrested  ?  A.  On  the  very  same  day. 

Q.  It  might  have  been  earlier  in  the  day  or  later  in  the  day  ? 

A.  It  was  after  the  men  had  started.  Mr.  Budd  was  put  in  command  of  them. 

Q.  Do  you  recollect  the  list  of  the  names  of  those  who  went  with  Mr.  Budd? 

A.  I  think  that  is  the  last  list  shown  me  but  I  am  not  sure  of  it. 

Q.  Do  you  know  whether  all  those  who  went  with  Budd  were  engaged  by  Hertz  to 
go  with  him  ? 

A.  They  were  engaged  by  Hertz  to  go  to  Halifax. 

The  witness  was  here  questioned  by  Judge  Kane  as  to  the  larger  book  which  he  had 
identified  as  containing  a  list  of  the  names  of  persons  enlisted. 

Q.  Was  anything  written  in  this  book  on  the  page  preceding  that  containing  the 
name  ? 

A.  No,  sir,  it  is  a  list  of  officers,  with  their  rank. 

Q.  It  has  been  cut  out  ?  A.  Yes,  sir,  the  list  of  officers  is  cut  out. 

Q.  It  was  the  list  of  officers  with  their  rank  ? 

A.  Yes,  sir,  they  put  their  names  down,  and  the  rank  they  were  to  hold  there  was 
put  down  by  Hertz.  I  mean  military  rank. 

Q.  That  was  all  on  the  page  cut  out  ? 

A.  Yes,  sir;  there  are  two  leaves  cutout;  one  was  for  the  commissioned  officers 
and  one  for  the  non-commissioned  officers ;  I  recollect  there  is  a  list  of  officers  writ¬ 
ten  in  the  back  of  the  book  after  they  were  cut  out,  and  that  was  just  a  memorandum. 

Dr.  PETER  JOSEPH  REUSS,  sworn — Examined  by  Mr.  Van  Dyke. 

Q.  You  are  a  physician  ?  A.  Yes,  sir. 

Q.  What  country  do  you  belong  to  ? 

A.  Hesse;  I  have  been  in  this  country  this  26  th  of  September  is  four  years. 

Q.  Will  you  state  whether  you  came  to  Philadelphia  in  March  or  April  last,  and  for 
what  purpose  ? 

A.  I  came  to  Philadelphia  for  the  purpose  of  going  to  Halifax  ;  I  was  to  go  to  New 
York  and  thence  to  Montreal ;  I  came  here  induced  by  a  proclamation  in  the  Phila¬ 
delphia  German  Democrat;  I  went  through  here  to  New  York,  and  from  New  York 
to  Halifax. 

Q.  Did  you  stop  at  Hertz’s  here  ?  A.  No,  sir. 

Q.  Why  not?  Mr.  Remak  objected. 

Q.  Had  Hertz  been  arrested  at  the  time  you  arrived  here  ? 


62 


A.  I  do  not  know  that,  because  I  did  not  stop  in  Philadelphia  ;  I  went  to  New  York 
and  Montreal,  and  then  to  Boston,  and  from  Boston  to  Halifax  in  the  Africa. 

Q.  Is  that  the  steamer  ?  A.  No,  sir,  the  bark  Africa. 

Q.  When  you  got  to  Halifax,  where  did  you  go,  and  who  did  you  see? 

A.  I  went  to  the  Provincial  Building,  and  spoke  with  Mr.  Wilkins  and  Mr.  Bruce 
M’Donald. 

Mr.  Remak — Be  good  enough  to  bring  this  home  to  Hertz. 

Q.  By  Mr.  Van  Dyke.  Have  you  at  any  time  had  any  conversation  with  Hertz, 
before  or  after  that? 

A.  No,  sir. 

Q.  When  you  arrived  in  Halifax,  state  what  you  did? 

A.  I  went  to  the  Provincial  Building  and  met  Wilkins,  the  First  Secretary  of  Nova 
Scotia,  and  the  same  day  afterward  I  spoke  with  Sir  Gaspard  lb  Marchant,  the  Gov¬ 
ernor  of  Nova  Scotia-  I  sent  some  days  before  a  letter  in  the  French  language  to 
Sir  Gaspard  lb  Marchant,  and  told  him  what  I  came  to  Halifax  for — that  I  was 
induced  by  his  proclamation.  I  had  sent  a  man  before  to  No.  68  South  Third  street, 
Philadelphia,  to  see  what  the  business  was,  because  it  was  in  the  proclamation  that 
physicians  and  surgeons  would  be  engaged  with  good  pay,  and  this  man  came  back 
and  told  me  that  the  whole  business  had  been  stopped  by  the  United  States  Attorney, 
and  that  he  had  spoken  with  one  man  on  the  subject,  but  he  did  not  tell  me  his  name 
a<id  he  told  him  that  the  business  was  all  right,  to  go  to  Halifax,  and  I  would  be 
engaged  as  physician  for  the  regiment,  I  wrote  the  letter  but  did  not  receive  any 
answer,  because  the  business  was  stopped.  In  Halifax,  the  Governor  told  me  that  I 
could  not  be  engaged  unless  I  raised  men,  I  refused  that  because  I  told  him  I  did  not 
come  for  that  business,  I  came  to  be  engaged  as  Doctor,  and  not  as  Recruiting  ofiScer. 
Mr.  Wilkins  called  on  me  some  time  afterwards,  and  told  me  that  if  I  raised  men  in 
the  United  States,  I  should  be  engaged,  but  not  if  I  refused,  and  then  I  was  obliged 
to  go,  because  the  Governor  told  me  I  could  not  be  engaged  without  this,  then  I  was 
employed  as  officer  of  recruiting,  and  went  with  Capt.  Strobel  to  the  States,  and  was 
sent  by  him  to  Detroit  in  Michigan. 

Q.  Did  you  hear  any  conversation  at  any  time  between  certain  gentlemen  when 
Mr.  Crampton  was  present  ? 

A.  Yes,  sir,  in  Halifax,  on  the  15th  of  May,  we  met  Mr.  Crampton. 

Q.  Who  told  you  to  meet  him  ? 

A.  Strobel  called  on  me  on  the  14th  of  May,  and  told  me  to  come  to  the  Provincial 
Building,  Halifax,  and  meet  Mr.  Crampton  and  Sir  Gaspard  le  Marchant,  and  I  went, 
and  found  there  Lieutenant  Preston  and  Strobel,  and  some  other  officers. 

Q.  What  took  place  in  that  conversation  ? 

A.  That  conversation  was  that  we  should  go  to  the  United  States  and  raise  troops. 

Q.  Who  told  you  to  do  that? 

A.  Mr.  Crampton  and  Sir  Gaspard  lb  Marchant,  with  Mr.  Strobel. 

Q.  They  said  that  to  Strobel  ? 

A.  Yes,  sir,  and  that  he  would  go  Canada  and  the  States  and  arrange  this  so  that 
we  could  raise  troops  without  danger. 

Q.  What  plan  did  they  give  you  to  raise  these  troops  without  danger? 

A.  That  is  what  they  spoke  to  Capt.  Strobel.  I  did  not  hear  every  word,  but 
heard  them  tell  him  that  we  should  go  to  the  States  and  arrange  the  business,  so  that 
we  cannot  be  caught  by  the  United  States  officers. 


63 


Q.  They  told  Capt.  Strobel  that  he  should  go  to  the  States  and  arrange  business  so 
as  not  to  be  caught  by  the  United  States  officers  ? 

A.  Yes,  sir. 

Q.  Who  told  Strobel  that  ? 

A.  Mr.  Crampton,  he  made  the  arrangements  mth  Strobel  and  spoke  that  to  Sir 
Gaspard  16  Marchant. 

Q.  What  plan  did  Mr.  Crampton  say  you  were  to  adopt  in  the  States  to  prevent 
being  caught  by  the  officers? 

A.  That  we  should  do  it  very  still,  not  to  work  too  openly,  and  that  we  should 
engage  runners  and  any  other  men  who  would  bring  men  to  the  depots,  and  from 
these  depots  we  were  to  send  them  to  Canada  West  to  the  barracks. 

Q.  What  kind  of  runners  did  he  speak  of  your  engaging  ? 

A.  Boarding  house  runners,  emigration  runners,  commission  house  runners,  and 
every  kind  of  runners,  I  believe. 

Q.  Did  he  say  anything  in  reference  to  what  you  were  to  say  to  these  men  ? 

A.  That  every  man  was  to  receive  $30,  and  §5  was  to  be  taken  for  payment  of 
expense ;  that  is  what  I  learned  from  Strobel  afterwards,  that  is,  what  was  promised 
the  men. 

Q.  Was  anything  said  about  that  in  conversation  with  Mr.  Crampton? 

A.  No,  sir,  not  to  me — it  was  spoken  to  Mr.  Strobel. 

Q.  He  told  Strobel  they  were  to  have  $30  ? 

A.  Yes,  sir,  and  $8  a  month  pay — cash.  The  bounty  was  given  for  enlisting. 
Each  runner  should  receive  $5  a  head  for  enlistments. 

Q.  That  was  the  pay  of  the  runner  ? 

A.  Yes,  sir,  if  the  man  was  capable  of  being  enlisted,  not  if  the  man  was  refused. 

Q.  Were  they  to  get  any  pay  for  men  refused  ?  A.  No,  sir. 

Q.  Then  it  was  only  for  the  men  who  arrived  at  the  barracks  and  got  enlisted  that 
they  were  paid  $4  a  head  for?  xV.  Yes,  sir. 

Q.  Did  you  receive  any  money  at  that  time  for  this  purpose  ? 

A.  On  the  14th  of  May  I  received  from  Captain  Strobel  $220. 

Q.  Where  did  he  get  it  from  ? 

A.  Out  of  the  Provincial  Building.  Mr.  Bruce  McDonald  gave  him  the  money  in 
my  presence.  He  is  the  clerk  of  Mr.  Wilkins,  or  second  Secretary,  I  do  not  know 
which  it  is. 

Q.  What  were  you  to  do  with  that  $220  ? 

A.  To  run  to  the  United  States  for  these  men;  that  was  the  pay  for  half  a  month 
for  myself  and  one  Sergeant. 

Q.  Did  you  see  Mr.  Crampton  after  that? 

A.  We  left  the  next  day,  .the  19th  of  May,  and  we  came  to  Windsor  in  Nova  Scotia, 
and  when  we  got  there  we  took  the  steamer  to  St.  Johns. 

Q.  Where  did  you  next  meet  Mr.  Crampton  ? 

A.  I  saw  him  in  Windsor,  and  saw  him  on  the  ship  to  St.  Johns,  and  next  day  at 
Portland.  At  Windsor,  we  took  the  Creole  for  St.  Johns,  and  I  saw  Mr.  Crampton  in 
the  presence  of  Lieutenant  Preston  and  another  English  officer  I  do  not  know  his 
name.  He  came  on  board  to  us  there  at  St.  Johns.  He  talked  very  often  to  Cap¬ 
tain  Strobel,  and  I  went  in  the  same  ship  with  him  to  Portland. 

Q.  Did  you  see  him  afterwards  in  Portland  ? 


G4 


A.  No,  sir ;  I  know  he  left  the  steamer  at  Portland. 

Q.  Where  for?  A.  To  go  to  Montreal. 

Q.  Who  went  with  him  ? 

A.  I  believe  Captain  Strobel,  I  took  the  cars  for  Boston,  and  from  Boston  to  Niag¬ 
ara  Falls. 

Q.  For  this  purpose  ? 

A.  Yes,  sir,  at  Niagara  Falls  I  expected  Strobel  with  orders  how  we  should  go  on. 

Q.  You  did  not  see  Crampton  afterwards?  A.  No,  sir. 

Q.  Did  you  see  any  written  instructions  at  Halifax  ? 

A.  I  saw  the  proclamation.  Mr.  Wilkins  showed  me  the  proclamation  for  enlisting. 

Q.  (Proclamation  with  British  Arms  on  it,  shown  the  witness,  same  as  on  page  15 
ante.)  Is  that  the  one? 

A.  Yes,  sir,  I  saw  that;  Mr.  Wilkins  gave  me  one  of  them  ;  he  gave  it  to  me  in  the 
Provincial  building  to  read  it ;  he  was  Secretary  of  Nova  Scotia, 

Q.  What  did  he  say  it  was  for?  A.  It  was  for  the  Foreign  Legion. 

Q.  Did  he  say  that  this  was  the  placard  under  which  they  were  acting? 

A.  He  told  me  if  I  should  be  engaged  I  should  go  on  to  the  States  and  raise  troops, 
but  that  without  this  I  could  not  be  engaged — saying  what  Sir  Gaspard  said  to  me. 
I  did  not  see  Mr.  Howe,  he  was  not  in  Halifax  at  that  time,  I  heard  very  often  from 
him. 

Q.  Have  you  at  any  time  seen  Mr.  Hertz?  A.  Not  in  this  business. 

Q.  Did  he  ever  say  anything  to  you  about  this  business? 

A.  No,  sir.  When  I  came  with  Strobel,  I  heard  from  Halifax  that  we  could  not  be 
engaged  because  we  did  not  do  anything  in  getting  men. 

Q.  What  do  you  mean  by  that  ? 

•a.  That  we  did  not  raise  plenty  of  men  and  squandered  all  the  money,  as  they  said. 

WILLIAM  ECKERT,  sworn. 

This  witness,  did  not  speak  English  and  was  interpreted  by  Mr  Oehlschlager.  Ex¬ 
amined  by  Mr.  Van  Dyke. 

Q.  Can  You  write?  A.  No,  sir.  I  can  read  my  name  ;  I  knew  Mr.  Hertz,  I  saw 
him  at  No.  68  South  Third  street. 

Q.  What  did  you  go  there  for  ? 

A.  I  went  to  enlist ;  I  wanted  to  enlist  in  the  British  army. 

Q.  Did  you  enlist  ? 

A.  I  did  not  enlist ,  I  went  down  with  a  good  friend  of  mine  whom  I  requested  to 
bring  me  down ;  he  did  not  go  down  with  me  but  suggested  to  me  another  who  went 
down  with  me;  my  friend  spoke  for  me,  and  said  “here  is  a  man  who  wishes  to  enter 
the  British  Army.” 

Q.  Who  did  he  say  that  too  ? 

A.  Mr.  Bosschart  and  Mr.  Budd  one  of  the  gentlemen  answered,  we  do  not  busy 
ourselves  with  it,  we  will  merely  send  you  to  Halifax,  and  then  if  you  wish  to  serve 
you  can  serve,  and  if  you  wish  to  work  you  can  work — that  the  men  were  enlisted  in 
Halifax.  My  friend  asked  how  much  bounty  money  in  hand  was  received,  and 
Mr.  Budd  told  him  he  would  receive  as  bounty  $30,  and  $8  a  month.  Well,  then  I 
asked  whether  there  was  nothing  paid  in  advance  or  immediately,  for  the  few  days  I 
would  have  to  remain  here,  they  said  they  gave  nothing ;  then  I  went  away ;  they 
asked  me  what  my  name  was ;  I  did  not  write  it ;  Mr.  Bosschart  wrote  it. 


65 


Q.  Where  did  he  write  it  ?  A.  On  a  sheet  of  paper. 

Q.  Did  you  agree  to  go  ?  A.  Yes,  sir.  j 

Q.  Did  you  get  a  ticket  for  your  passage  ?  A.  Yes,  sir. 

Q.  Who  gave  it  to  you  ?  A.  Mr.  Hertz. 

Q.  When  was  it  he  gave  it  to  you,  the  day  you  sailed  or  before  ? 

A.  On  Wednesday  afternoon. 

Q.  Did  you  engage  to  go  with  the  intention  of  enlisting  when  you  got  there  ? 

Mr.  Remak  objected  to  the  question  as  a  leading  one. 

Judge  Kane — The  question  is  too  directly  indicative  of  its  answer. 

Mr.  Van  Dyke — What  was  it  your  intention  to  do  when  you  got  to  Halifax  ? 

A.  I  wanted  to  go  to  the  Crimea. 

Q.  In  the  “foreign  legion?” 

Mr.  Remak  objected. 

Q.  By  Mr.  Van  Dyke — In  what  capacity  did  you  want  to  go  to  the  Crimea  ? 

A.  As  a  soldier. 

Q.  When  Mr.  Hertz  gave  you  the  ticket  to  go  to  New  York,  did  he  understand  that 
it  was  your  intention  to  enlist,  when  you  arrived  at  Halifax  ? 

Mr.  Remak  objected. 

Q.  Did  Mr.  Hertz,  at  the  time  he  gave  you  a  ticket  to  go  to  New  York,  know  that  it 
was  your  intention  to  go  to  Halifax  ? 

Mr.  Remak  objected.  The  objection  was  overruled. 

A.  Mr.  Hertz  was  not  there  the  first  day. 

Q.  I  refer  to  the  time  he  gave  you  the  ticket ;  at  the  time  Mr.  Hertz  gave  you  the 
ticket  to  go  to  New  York,  did  he  know  it  was  your  intention  to  enlist  when  you  arrived 
at  Halifax  ?  A.  Mr.  Hertz  was  not  there  when  my  friend  brought  me  to  the  office. 

Q.  You  have  said  that  Mr.  Hertz  gave  you  a  ticket  to  go  to  New  York  ? 

A.  Yes,  sir. 

Q.  At  the  time  Mr.  Hertz  gave  you  this  ticket  to  go  to  New  York,  did  he  know  it 
was  your  intention  to  enlist? 

A.  I  do  not  know  whether  the  other  gentleman  told  me  the  reason  why  he  wished 
me  to  go  to  New  York. 

Q.  Had  you  told  Mr.  Budd  your  intention  ? 

Mr.  Remak  objected.  The  objection  was  overruled.  A.  He  heard  it. 

Q.  On  Monday  ?  A.  Yes,  sir. 

The  counsel  for  the  defence,  (Mr.  Remak,)  in  the  course  of  the  examination  of  this 
witness,  frequently  interrupted,  and  attempted  to  correct  the  interpreter  in  his  in¬ 
terpretation  of  the  language  of  the  witness.  On  the  conclusion  of  the  examination, 
he  called  Mr.  Oehschlager  to  the  stand,  for  the  purpose  of  questioning  him  as  to  his 
interpretation  of  the  witness,  but  on  after  consideration  waived  the  examination. 

AUGUSTUS  TITUS,  sworn — Examined  by  Mr.  Van  Dyke. 

Q.  Do  you  know  Mr.  Hertz  ?  A.  Yes,  sir. 

Q.  Which  is  the  person  ? 

Witness  (pointing  to  Hertz.)  ^That  is  the  gentleman  sitting  there. 

Q.  State  what  you  know  of  this  matter  ? 

A.  Well,  I  was  here  in  the  city  without  work,  and  I  had  no  boarding  house  to  go 
to,  as  my  landlady  had  told  me  to  leave,  so  I  read  of  this  place  in  the  Ledger,  and 

5 


66 


went  down  and  saw  Mr.  Budd  there,  and  a  couple  of  other  gentlemen ;  I  went  in  and 
asked  them  if  this  was  the  place  where  they  enlisted  them,  and  I  was  told — 

Q.  Who  did  you  ask  that? 

A.  The  gentleman  is  not  here,  he  was  a  stranger  to  me.  Mr.  Hertz  was  not  there 
the  first  time.  Q.  How  long  was  this  before  you  sailed? 

A.  It  was  about  3  o’clock  in  the  afternoon  of  day  before.  Then  I  was  told  that  I 
could  not  see  the  agent  now,  that  he  was  out,  and  to  come  in  two  hours  after  that 
time.  I  came  in,  and  I  saw  Mr.  Budd,  and  he  asked  me  my  name,  and  I  told  him  my 
name,  and  he  wrote  it  down  on  a  sheet  of  paper. 

Judge  Kane.  How  came  he  to  ask  your  name  ? 

A.  Well,  I  don’t  know,  without  he  wanted  to  put  it  down. 

Q.  Did  you  tell  him  what  you  wanted  ? 

A.  I  asked  him  if  this  was  the  place  where  they  enlisted,  and  he  said  no,  it  was  not 
the  place  where  they  enlisted,  but  the  place  where  they  got  men  to  take  them  to  Hal¬ 
ifax.  Q.  For  what  purpose  ? 

A.  For  enlisting.  I  gave  them  my  name.  My  intention  was  only  to  go  to  New 
York.  I  was  going  to  New  York  and  there  I  was  going  to  leave  them. 

Q.  Did  you  tell  him  that  was  your  intention  ? 

A.  No,  sir,  I  did  not,  I  kept  that  to  myself. 

Q.  You  were  going  to  out-wit  them  then,  I  suppose  ? 

A.  Well,  I  was  going  to  try  to,  I  did  not  know  whether  I  would  succeed. 

Q.  What  did  you  tell  them  you  intended  to  do? 

A.  I  told  them  I  intended  to  go  out  to  Halifax  for  the  purpose  of  enlisting. 

Q.  When  did  you  see  Hertz  ? 

A.  On  the  morning  we  sailed  I  saw  him;  I  went  up  to  the  office  and  asked  him  what 
boat  I  was  to  go  on,  and  he  said  that  he  would  be  down  and  make  arrangements.  There 
was  Mr.  Hertz,  Mr.  Budd,  Mr.  Bosschart  and  another  gentleman  standing  talking 
together,  and  I  went  down  to  the  boat  and  waited  until  Mr.  Hertz  came  down.  I  can¬ 
not  say  whether  he  came  with  Budd  or  not.  I  stopped  down  at  the  boat,  and  before 
we  started  Mr.  Budd  went  around  the  wharf  to  see  whether  any  one  else  was  off  the 
boat,  and  when  he  found  there  was  none  there,  he  came  on  board,  and  just  before  we 
commenced  to  start  he  called  us  all  up.  He  did  not  form  us  into  a  rank.  Sometimes 
he  came  to  us  one  by  one,  and  sometimes  two  or  three  were  collected  together  and 
he  would  ask  our  names.  We  told  him  our  names  and  he  marked  a  cross  I  think.  I 
won’t  say  it  was  a  cross,  it  was  a  mark  of  his  own  on  the  paper.  At  that  time  we 
went  down  to  the  Navy  Yard,  when  Marshal  Wynkoop  catched  us.  [Laughter.] 

Q.  Did  you  get  a  ticket  ? 

A.  Yes,  sir,  I  got  a  ticket  of  Mr.  Budd,  at  68  South  Third  street.  Mr.  Hertz  was 
not  there  at  the  time.  I  can  read. 

Q.  (Ticket  shown.)  Is  that  the  ticket  ? 

A.  That  is  the  color  of  the  card  (green)  I  got.  On  the  back  was  “  Pine  St.  Wharf,” 
and  those  are  the  letters  (“N.  S.  R.  C.”)  I  have  had  them  in  my  head  from  that 
day  to  this,  and  ever  will  remember  them. 

Judge  Kane — Perhaps  you  can  tell  us  what  those  letters  mean  ? 

A.  No,  sir,  I  cannot.  They  stand  for  something  I  am  not  able  to  tell. 

Q.  You  say  you  can  read,  (paper  shown.)  Is  that  the  paper  he  marked  your 
name  on  ? 

A.  Well,  I  cannot  say  whether  it  was  a  whole  sheet  or  half  sheet.  He  had  it  lay¬ 
ing  on  a  table. 


Q.  Well,  your  name  is  on  that  sheet?  A.  Yes,  sir,  my  name  is  on  there.  No.  9, 

Mr.  Van  Dyke — Is  there  any  cross-examination? 

Mr.  Cuyler — There  is  a  frankness  about  this  Tritness  that  quite  disarms  cross-ex¬ 
amination. 

CHARLES  WEAVER,  sworn.  Examined  by  Mr.  Van  Dyke. 

Q.  Do  you  know  Mr.  Hertz  ?  A.  Yes,  sir. 

Q.  Can  you  point  him  out  here?  A.  (Pointing  to  Hertz.)  That  is  the  gentleman. 

Q.  Did  you  see  him  in  March,  18-55  ?  A.  Yes,  sir,  down  in  Third  street. 

Q.  What  did  you  go  there  for  ? 

A.  I  went  down  because  I  heard  from  some  of  my  friends  that  they  were  enlisting 
soldiers  for  the  British  Army  there ;  I  went  down,  it  was  an  hour  before  they  started, 
and  I  asked  him  whether  he  enlisted  men  to  go  into  the  British  Army ;  he  said  no,  I 
do  not  enlist,  but  if  you  want  to  be  enlisted  I  will  give  you  a  ticket  to  New  York,  and 
from  there  the  officer  would  give  me  a  ticket  to  Halifax. 

Q.  Did  you  tell  him  you  would  enlist  in  Halifax  ? 

A.  No,  sir,  I  did  not  tell  him  that,  I  told  him  I  wanted  to  enlist,  and  he  gave  me  a 
ticket,  he  did  not  give  me  any  money,  he  took  my  name. 

Q.  Was  it  written  in  a  book  or  on  paper? 

A.  I  suppose  it  was  written  on  a  sheet  of  paper ;  Mr.  Hertz  took  my  name,  he 
wrote  it. 

Q.  Did  you  go  on  board  the  boat?  A.  Yes,  sir. 

Q.  (Ticket  shown,)  Was  it  one  of  these  tickets  that  you  had? 

A.  Yes,  sir,  I  had  one  of  that  kind,  I  went  down  to  Pine  street  wharf ;  Mr.  Hertz 
was  there  the  day  the  boat  sailed;  I  went  down  with  a  friend  of  mine  to  the  boat;  I 
saw  this  man,  Mr.  Bosschart  there,  and  he  saidthis  is  the  boat  that  goes  to  New  York, 
Mr.  Budd  was  on  the  boat,  he  was  in  command,  he  took  my  name  on  board  the  boat 
and  called  us  together  the  same  like  an  officer;  there  was  12  or  13  men  together,  and 
he  had  command  of  them,  that  is  what  I  saw ;  he  took  the  names  on  the  list  and  as 
he  took  them  he  called  us  together,  and  told  us  to  go  on  that  side  or  this,  he  muster¬ 
ed  us  into  rank. 

Mr.  Cuyler.  What  do  you  understand  by  mustering  into  rank? 

A.  Well,  we  stood  in  a  line,  and  he  said  fall  in. 

Q.  Who  told  you  that?  A.  This  young  gentleman,  (pointing  to  Budd.) 

Q.  That  is  not  Mr.  Hertz  ?  A.  No,  sir. 

Q.  Who  is  it  ?  A.  Mr.  Budd,  that  is  the  gentleman. 

PATRICK  CONROY,  sworn.  Examined  by  Mr.  Van  Dyke. 

Q.  You  have  been  examined  before  in  this  case? 

A.  Yes,  sir,  before  the  Commissioner. 

Q.  State  to  the  Court  and  Jury  what  you  know  in  this  matter,  and  what  you  have 
heard  from  either  of  these  defendants.  Hertz  or  Perkins? 

A.  I  never  saw  Hertz  but  at  the  United  States  Commissioner’s  office  I  had  the  con¬ 
versation  about  this  matter  with  Mr.  Perkins. 

.Q.  State  when  you  had  that  conversation,  and  what  it  was  ? 

A.  Well,  I  was  introduced  to  Mr.  Perkins  at  the  Pennsylvanian  office.  Is  it  neces¬ 
sary  for  me  to  state  all  of  this  matter  ? 


68 


Mr.  Van  Dyke.  If  it  relates  to  the  issue  now  on  trial,  state  all. 

I  Witness.  I  was  introduced  to  Mr.  Perkins  at  the  Pennsylvanian  office  sometime  last 
December,  I  suppose  in  that  neighborhood;  and  a  few  days  afterwards  I  had  a  con¬ 
versation  with  him  at  Mr.  McGeoy’s  Hotel,  in  Walnut  street,  in  which  he  said  there 
were  things  he  might  wish  to  talk  to  me  about;  I  did  not  understand  it  at  the  time, 
and  not  knowing  what  he  meant  I  did  not  say  anything;  the  next  time  I  met  him  was 
at  the  Pennsylvanian  office  again;  he  was  about  leaving  it  in  the  evening,  and  he  was 
cursing  and  ready  to  kill  all  about  the  office,  damning  every  body  in  the  office ;  I 
asked  him  what  was  the  matter,  and  he  took  me  by  the  arm  and  we  walked  down  a 
little;  he  said  that  he  had  just  been  writing  a  letter  to  one  of  the  Lords  in  Engl.and 
who  had  charge  of  the  government  there;  that  he  had  everything  right  with  the  Penn¬ 
sylvanian  newspaper  here,  so  far  as  siding  with  the  government  against  Russia  was 
concerned,  and  when  the  first  thing  he  saw  that  morning,  was  an  article  directly 
against  what  he  had  written  to  England,  and  that  the  Pennsylvanian  had  deceived  him ! 

I  passed  it  off  carelessly,  as  I  did  not  care  what  was  going  on  between  him  and  the 
Pennsylvanian  or  the  British  government.  I  met  him  again  sometime  afterwards  in 
the  Exchange  Hotel,  and  he  called  me  to  one  side  and  told  me  that  it  was  necessary 
{,0  raise  a  certain  amount  of  men  in  this  country  for  the  purpose  of  raising  a  legion 
to  go  to  the  Crimea.  I  asked  him  how  it  was  and  he  said  that  such  was  the  case.  I 
asked  him  then  whether  there  was  any  danger  in  enlisting  men  in  this  country  for 
that  purpose,  for  I  had  heard  that  there  was,  and  he  said  no — that  he  had  been  down 
at  Washington,  and  fixed  all  that.  He  said  that  Mr.  Crampton  sent  for  him,  and 
when  he  went  to  Crampton,  he  sent  him  to  Marcy,  and  when  Marcy  asked  him  all 
about  it,  he  said  he  humbugged  him  about  it,  and  told  him  that  he  was  only  going  to 
send  the  men  to  Halifax  to  dig  a  canal,  that  Mr.  Marcy  in  reply  remarked,  that  he 
was  a  pretty  cunning  fellow,  and  then  it  all  passed  over;  it  was  all  fixed,  and  there 
was  no  more  danger  at  all  about  in ;  he  then  said  to  me  that  if  I  would  choose  to  take 
a  part  in  the  matter,  that  he  could  guarantee  me  a  commission  in  the  legion  for  a 
certain  number  of  men,  and  for  a  less  number  he  could  guarantee  a  non-commission  ; 
that  if  I  would  take  an  interest  in  the  matter  he  would  fix  things  for  me,  but  that  it 
would  take  two  or  three  months  to  do  so;  that  I  knew  there  were  a  great  many  men 
over  the  country  who  were  suffering  from  bad  times  and  who  could  be  enlisted,  and 
that  he  would  make  it  to  my  interest  to  do  so.  I  told  him  I  would  think  about  it. 
The  next  time  I  saw  him  he  was  going  directly  from  his  office  in  Third  street;  from 
the  steps  of  his  office  he  went  down  to  Campbell’s  cellar  in  Third  street.  He  was 
there  a  minute  or  more,  and  then  he  came  up  and  came  over  to  me  opposite  the  Ex¬ 
change  Hotel;  he  took  me  by  the  arm  and  pulled  me  to  one  side  and  asked  me  if  I 
had  done  anything  in  that  matter  yet,  I  said  no,  I  did  not  intend,  to  do  anything  in 
the  matter  myself,  but  there  were  friends  that  might,  he  then  said  tome  that  he 
could  not  guarantee  a  commission  in  the  regular  army,  but  he  could  in  the  foreign 
legion,  and  if  I  had  friends  who  would  take  such  positions  he  would  guarantee  them 
the  same,  and  if  I  saw  any  who  wanted  to  enlist  to  send  them  over  to  the  office,  68 
South  Third  street,  I  said  I  would  do  so,  and  he  then  remarked,  I  am  now  in  a  hurry, 
I  am  going  down  to  the  Briti-sh  Consul’s ;  I  have  news  from  AVashington,  and  I  will 
see  you  when  I  come  back.  I  had  no  more  conversation  with  him  on  the  subject^ 
except  that  he  told  me  he  was  an  agent  of  the  British  government,  and  had  3  or  400 
men  to  look  after  in  this  country,  and  pay  them.  He  told  me  that  on  the  occasion 
when  he  had  to  see  me  in  a  hurry;  he  repeatedly  told  me  that  he  was  an  agent  of  the 


69 


British  government,  and  solicited  my  assistance  in  all  these  ways  for  the  purpose  of 
raising  men  for  the  foreign  legion. 

Q.  Did  he  tell  you  where  the  enlisting  was  dore  ? 

A.  He  did  ;  he  pointed  over  to  the  office,  No.  68  South  Third  street. 

.  Where  was  he  at  the  time  ? 

A.  Standing  on  the  steps  of  Durar’s  Exchange  Hotel. 

Q.  How  long  before  the  arrest  of  Hertz  ? 

A.  Some  two  or  three  weeks. 

Q.  Are  you  in  the  Volunteer  corps  ? 

A.  Yes,  sir;  I  hold  the  commission  of  Colonel. 

Q.  Did  he  ask  you  anything  about  the  commission  you  had  ? 

A.  Yes,  sir,  he  asked  me  what  commission  I  held,  and  I  told  him  Colonel  of  the 
Second  Regiment  of  Pennsylvania  Volunteers,  and  he  said  he  could  guarantee  me  a 
captaincy,  if  I  would  go,  and  he  knew  from  my  position  here  that  I  could  be  of  use 
to  them,  and  he  would  make  it  of  use  to  me  ;  I  have  now  stated  pretty  near  the  whole 
substance  of  the  conversations ;  we  had  a  great  many  other  conversations,  but  there 
was  nothing  stronger  in  them. 

Q.  Did  he  tell  you  at  any  time,  or  do  you  know,  that  he  actually  engaged  any 
person  to  go  to  Halifax  for  the  purpose  of  enlisting,  and  if  so,  what  person? 

A.  I  do  not,  sir ;  I  know  he  tried  to  engage  me. 

Q.  Did  he  not  engage  you? 

A.  No,  sir;  I  refused  him,  and  he  tried  to  get  me  to  solicit  others  to  do  so. 

By  Mr.  Gillou.  Q.  He  said  that  you  could  be  useful  to  him  in  that  line  of  busi¬ 
ness?  A.  Yes,  sir. 

Q.  You  are  in  business  in  this  city  ?  A.  Yes,  sir. 

EDWARD  W.  POWER,  sworn. — Examined  by  Mr.  Van  Dyke. 

Q.  Are  you  a  military  man  ? 

A.  I  belong  to  a  military  company  and  hold  a  commission. 

Q.  Do  you  know  anything  about  Hertz  ? 

A.  I  do ;  I  was  at  his  office  in  South  Third  street  about  the  20th  or  21st  of  March, 
or  thereabouts  ;  I  went  to  68  South  Third  street,  and  went  up  stairs  into  aback  room, 
and  there  I  found  some  five  or  six  men  sitting  around  the  table ;  I  spoke  first  to  this 
gentleman  here,  I  think,  Mr.  Leob  ;  I  asked  him  whether  that  was  the  place  in  which 
they  enlist  men  for  the  Crimea;  he  said  that  this  gentleman,  pointing  to  Mr.  Hertz, 
was  the  person.  I  then  turned  to  him  and  asked  him  what  were  the  inducements 
offered  to  those  men  who  had  served  in  Mexico  during  the  war.  He  said  that  any 
man  who  could  come  with  a  company,  and  capable  of  commanding  them,  would  b© 
entitled  to  a  commission  in  the  English  army  ;  that  this  legion  was  for  the  purpose  o^ 
going  to  the  Crimea ;  he  asked  me  if  I  was  connected  with  anything  here ;  I  told  him 
that  I  was,  that  I  then  held  a  commission,  and  he  asked  me  then  what  number  of  men 
there  were ;  well,  I  said,  we  numbered  from  60  to  64,  but  there  was  not  more  than  30 
equipped.  He  then  seemed  anxious  that  I  should  call  again ;  I  left  him,  with  the 
promise  that  I  would  call  again ;  I  did  so,  in  company  with  Peter  Somers,  who  was 
formerly  First  Lieutenant  of  the  Continental  Guards ;  I  went  there  and  introduced  Mr. 
Somers  under  a  fictitious  name ;  I  did  that  for  the  purpose  of  ascertaining  how  they 
sent  the  men  away,  so  as  to  have  him  ascertain  that  fact.  We  had  a  conversation. 


for  the  second  time,  •with  Mr.  Hertz,  and  Somers  laughed,  and  I  thought  the  joke  was 
being  carried  too  far,  and  I  kind  of  smiled,  and  then  I  saw  the  whole  thing  was  set¬ 
tled  and  we  retired.  On  the  27th,  the  night  before  the  arrest,  a  man  by  the  name  of 
Renners,  I  think,  came  to  the  armory  while  1  was  drilling  the  company. 

Q.  Was  Mr.  Hertz  there?  A.  No,  sir. 

Q.  Do  you  know  whether  Perkins  had  anything  to  do  with  that  ofiBce? 

A.  Yes,  sir;  the  second  time  that  I  went  there,  that  was  on  the  Saturday,  Mr.  Per¬ 
kins  was  sitting  in  the  front  room. 

Q.  When  you  land  at  the  top  of  the  staircase  going  up,  you  go  into  the  back  room 
of  that  office  first,  do  you  not  ? 

A.  Yes,  sir;  and  that  makes  the  front  room  the  back  room ;  there  were  two  folding 
doors  between  the  two  rooms,  and  they  were  partly  open ;  the  room  fronting  on  Third 
street  was  used  as  the  back  or  private  office,  and  the  back  room  as  the  front  office. — 
There  was  a  tall  man  there  from  whose  appearance  and  manner,  I  supposed  he  was 
an  English  officer,  or  one  engaged  in  the  English  service.  Perkins  was  sitting  on  a 
chair  leaning  back,  and  as  he  saw  me,  he  drew  his  head  back. 

Q.  Do  you  know  from  any  conversa,tion  you  had  with  Perkins,  or  are  you  aware 
that  Perkins  has  ever  engaged  any  individual  to  go  to  Halifax  to  enlist  ? 

A.  Well,  I  would  not,  may  it  please  the  Court,  like  to  answer  that  question,  because 
it  would,  to  certain  extent,  criminate  me,  so  far  as  the  law  of  the  State  is  concerned. 

Mr.  Van  Dyke — I  did  not  ask  you  anything  regarding  yourself  with  Perkins.  Q. 
Do  you  know  whether  he  has  engaged,  hired,  or  retained,  or  made  a  bargain  with  any 
other  individual? 

A.  I  know  that  he  left  me  one  evening  to  go  to  New  York,  for  the  purpose  of  at¬ 
tending  to  some  business  for  Mr.  Crampton.  * 

Q.  You  do  not  exactly  comprehend  my  question.  Do  you  know  whether  he  ever 
said  to  any  individual,  “  I  want  you  to  go,”  or  did  he  engage  any  individual  to  go  to 
Halifax?  A.  No,  sir. 

Q.  Do  you  know  what  he  was  doing  in  the  front  office  when  you  saw  him  there  ? 

A.  No,  sir. 

Q.  What  was  your  conversation  at  that  time  ? 

B.  Mr.  Hertz  and  I  were  speaking  together  about  this  company. 

Q.  Was  that  the  only  time  you  saw  him  there? 

A.  I  saw  him  afterwards  come  out;  I  went  there  with  a  number  of  persons,  who 
waited  on  the  outside  to  hear  what  was  to  be  said,  as  they  were  determined  that  the 
thing  should  be  broken  up,  and  as  we  stood  on  the  other  side,  Mr.  Perkins  came  out 
and  went  down  into  Campbell’s  cellar,  and  then  he  came  out  and  over  to  the  other 
side,  and  spoke  to  Conroy  and  some  others  with  him ;  my  introduction  to  Perkins 
was  that  he  came  with  a  note  to  me  as  the  second  of  a  gentleman,  who  had  challenged 
a  friend  of  mine  to  fight  a  duel. 

Q.  He  told  you  he  was  going  to  New  York,  to  see  Crampton  ? 

A.  Yes,  sir,  he  said  he  had  business  with  him;  he  told  me  that  in  Brown’s  Drug 
Store. 

Q.  Did  he  tell  you  what  business? 

A.  No,  sir;  he  told  me  that  he  had  a  great  deal  of  business  to  do  now  ;  that  he  was 
connected  with  the  railroad,  and  had  to  see  his  friend  Mr.  Crampton  in  New  York. 


HUGH  CASEY,  sworn.  Examined  by  Mr.  Van  Dyke. 


Q.  Do  you  know  Mr.  Hertz  ?  A.  Yes,  sir. 

Q.  (Pointing  to  Hertz)  is  that  the  gentleman  ?  A.  That  is  the  gentleman. 

Q.  Do  you  know  Mr.  Budd  ?  A.  Yes,  sir,  (pointing  to  Budd,)  that’s  him. 

Q.  Did  you  go  the  office.  No.  68  South  Third  street? 

A.  Yes,  sir,  I  went  there,  and  Mr.  Hertz  and  I  had  a  conversation.  I  saw  in  the 
Ledger  that  they  were  enlisting  for  the  foreign  legion  there,  and  I  went  down  and  saw 
Mr.  Hertz,  and  he  told  me  to  come  back  and  he  would  give  me  a  ticket;  I  went  there 
on  Friday,  and  he  gave  me  a  ticket  to  sail  on  board  the  boat  with,  and  twelve-and-a- 
half  cents,  and  told  me  that  the  boat  would  sail  on  Sunday,  the  25th ;  I  went  back  on 
Saturday  with  three  other  men  who  enlisted  with  me,  and  he  gave  me  a  quarter  of  a 
dollar.  On  Saturday  afternoon,  I  went  back  again  and  he  gave  me  nine  cents,  and  on 
Sunday,  I  went  down  to  the  boat  and  she  had  sailed.  I  went  to  the  office  on  Monday, 
and  Mr.  Hertz  was  not  there,  but  Mr.  Budd  was  there,  and  he  told  me  to  come  back 
on  Wednesday,  and  he  would  give  me  a  ticket.  On  Wednesday,  I  went  down. 

Q.  What  did  you  do  with  the  ticket  you  got  on  the  first  occasion? 

A.  I  gave  that  ticket  up.  I  guess  you  have  it  now.  On  Wednesday,  I  went  down 
there,  and  met  Budd  at  the  steamboat  with  Mr.  Hertz.  Mr.  Hertz  saw  me  and  told 
me  to  go  on  board.  I  went  on  board  the  steamboat  and  there  I  saw  the  rest  of  the 
men  had  tickets  in  their  hands,  and  I  had  none ;  and  then  I  went  up  to  the  office, 
thinking  that  Hertz  was  there,  to  get  a  ticket,  and  when  I  came  back  the  boat  had 
sailed. 

Q.  Did  Hertz  give  you  the  first  ticket  ? 

A.  No,  sir,  Mr.  Budd  gave  me  the  ticket  himself  for  Sunday ;  I  do  not  recollect 
getting  it  on  Saturday  ;  the  31st  of  March  I  saw  Mr.  Hertz. 

Q.  When  you  got  back  from  the  office  you  say  the  boat  had  sailed  ? 

A.  Yes,  sir;  I  went  up  to  the  office  in  Third  street,  and  when  I  came  back  the  boat 
had  sailed;  it  was  the  “  Menemon  Sanford;”  I  then  came  back  and  I  saw  Mr.  Hertz 
on  Saturday,  in  Mr.  Heazlitt’s  (I  think  that  is  his  name,)  office  ;  he  was  looking  for 
bail,  and  I  went  over  to  him,  and  Hertz  said  to  me,  “  Who  is  going  your  bail;”  and 
I  said,  “I  do  not  want  any  bail,  because  I  come  out  of  the  boat  to  get  a  passenger 
ticket,  and  did  not  go  ;”  and  he  then  said,  “  Do  you  want  a  little  money  ?”  and  told 
me  to  stop  around  by-and-bye,  and  he  would  give  me  some  money ;  I  went  around  at 
4  o’clock.  Mr.  Remak  and  him  went  up  to  Seventh  and  Chestnut  streets,  and  I 
waited  in  the  room  until  he  came  back,  when  he  gave  me  twenty-five  cents,  and  said 
to  me,  “You  will  go  and  swear  against  me,  and  be  damned  to  you.” 

Q.  Did  you  tell  him  what  you  wanted  to  go  to  Halifax  for  ? 

A.  I  said  times  were  very  hard,  and  I  would  like  to  go  to  Halifax  for  the  purpose 
of  enlisting  in  the  foreign  legion  for  the  Crimea,  and  then  he  said  that  he  would  give 
me  tickets  to  go  there,  and  that  I  would  get  $30  bounty,  and  $8  a  month,  but  that  he 
could  give  me  no  money  until  I  went  on  to  Halifax. 

Cross-examined  by  Mr.  Remak — Did  you  not  tell  some  people  that  you  were  going 
to  see  Mr.  Van  Dyke,  and  get  him  to  send  you  to  prison  for  the  purpose  of  your  sup¬ 
port? 

A.  I  did  not,  sir,  use  that  expression  ;  I  told  a  person  that  I  met  on  the  street  that 
I  was  fooled  by  the  party,  and  that  Mr.  Hertz  insulted  me,  and  I  would  go  as  State’s 
evidence  against  him. 


72 


PHILIP  LABEL,  sworn.  As  this  witness  could  not  speak  the  English  language, 
Mr.  Davis  was,  at  the  request  of  Mr.  Bemak,  affirmed  as  his  interpreter. 

Examined  by  Mr.  Van  Dyke. 

Q.  Do  you  know  Mr.  Hertz  ? 

A.  Yes,  sir,  (pointing  to  Hertz,)  that  is  the  gentleman  sitting  there. 

Q.  State  all  you  know  about  the  enlisting  ? 

A.  I  read  in  the  Democrat  that  some  persons  were  required  to  go  to  Halifax,  and  I 
went  to  the  office.  No.  68  South  Third  street,  and  made  some  inquiries  there,  if  that 
was  the  place  for  enlisting;  I  made  the  inquiries  of  Mr.  Bosschart;  I  then  inquired 
if  they  engaged  some  people  there  ;  they  told  me  that  they  desired  to  engage  some 
persons  to  go  to  Halifax,  in  order  to  work  there  ;  I  then  asked  him  if  I  could  become 
a  soldier  if  I  went  there ;  he  made  the  reply  that  it  was  left  optional  to  me  to  do  so 
or  not,  that  those  who  are  willing  to  become  soldiers  may  do  so,  and  those  who  wished 
to  work  may  do  so  too. 

Q.  Did  you  say  whether  you  were  willing  to  become  a  soldier,  and  that  you  wanted 
to  become  such  ? 

A.  No,  sir,  I  did  not  intend  to  go  there  as  a  soldier;  I  made  the  inquiry,  if  when 
a  person  got  there  he  enlisted,  what  he  received ;  I  was  then  told  there  was  $30  bounty, 
and  $8  a  month. 

Q.  Who  told  you  that?  A.  The  same  man,  Mr.  Bosschart. 

Q.  What  conversation,  if  any,  took  place  between  you  and  Hertz? 

A.  The  first  day  that  I  came  there  I  saw  this  gentleman  there,  I  then  inquired  what 
time  the  vessel  would  go  ;  he  told  me  that  he  did  not  know,  that  Mr.  Hertz  was  not  in 
and  he  could  not  tell  me ;  I  went  there  again  on  the  following  day  and  saw  Mr.  Hertz, 
and  he  handed  me  a  card. 

Q.  (Ticket  shown,  same  as  on  page  15  ante.)  Was  it  a  card  like  that  ?  A.  Yes,  sir. 

Q.  Did  you  sign  any  paper? 

A.  No,  sir,  I  did  not;  that  gentleman  put  my  name  down  on  some  paper;  Mr. 
Bosschart  did  so. 

Q.  Did  you  go  to  the  vessel  ? 

A.  Y'es,  sir?  Mr.  Hertz  told  me  where  the  vessel  was,  and  I  went  towards  it — that 
is  all;  I  went  on  board,  and  that  is  all. 

Q.  Did  you  go  to  Halifax  ?  A.  No,  sir. 

Q.  Why  not  ?  A.  Because  we  were  arrested  before  then. 

Q.  Who  had  command  of  you  on  the  boat  ?  A.  Mr.  Budd. 

JAMES  JOHNSON,  sworn.  Examined  by  Mr.  Van  Dyke  ? 

Witness — Matthew  Burk  is  my  proper  name,  you  will  see  it  so  on  Mr.  Hertz’s  list. 

Q.  How  came  you  to  get  the  name  of  James  Johnson  ? 

A.  I  did  not  wish  my  name  to  be  published  in  the  papers  so  that  my  friends  would 
know  it ;  I  gave  my  proper  name  to  the  Court  at  the  time. 

Q.  Why  did  you  not  want  your  real  name  known  ? 

A.  I  did  not  want  my  friends  to  know  that  I  was  made  a  prisoner. 

Q.  Did  you  not  give  that  name  under  oath  ? 

A.  No,  sir,  I  did  not ;  I  told  the  Commissioner,  and  the  Grand  Jury,  and  you,  my 
proper  name,  and  the  circumstances  of  it. 

Q.  Do  you  know  Mr.  Hertz?  A.  Y'es,  sir. 


73 


Q.  When  did  you  see  him  ?  A.  I  saw  him  on  the  27th  of  March. 

Q.  Did  you  see  him  before  that?  A.  No,  sir. 

Q.  Was  you  on  the  boat  ? 

A.  Yes,  sir — in  the  steamer  Menemon  Sanford,  on  the  river  Delaware. 

Q.  Had  you  seen  Mr.  Hertz  before  that  ? 

A.  I  saw  him  the  day  before,  at  68  South  Third  street.  We  were  taken  on  a 
Wednesday. 

Q.  How  came  you  to  go  to  his  office  ? 

A.  1  called  first  on  Monday.  I  saw  the  advertisement  in  the  Ledger  of  men  want¬ 
ing.  I  did  not  read  it  myself,  but  another  man  read  it  for  me,  and  I  went  to  see.  Mr. 
Budd  was  there.  I  told  him  I  had  called  from  seeing  the  advertisement  of  soldiers 
wanted!  and  I  said  that  I  wanted  to  enlist.  Mr.  Budd  told  me  that  I  could  not  be  en¬ 
listed  there,  but  that  he  could  tell  me  how  I  could  get  to  Halifax,  and  said  that  I 
supposed  that  would  do  to  get  to  Halifax  ;  he  then  told  me  I  must  come  once  again.  I 
called  again  that  afternoon,  which  was  Monday  afternoon,  and  he  told  me  that  a  boat 
had  gone  before,  and  it  was  a  pity  I  had  not  been  sooner.  I  called  again  on  Tuesday, 
and  Mr.  Hertz  was  there.  I  told  Hertz  my.  business,  that  I  had  come  to  enlist,  and 
the  reply  he  made  I  cannot  tell  now,  but  it  was  “  very  well,”  or  something  to  that  effect. 
He  told  me  to  stay  awhile,  and  I  staid  a  while  and  some  more  men  came.  I  told 
him  my  name  and  he  wrote  it  down  on  a  sheet  of  paper ;  he  also  wrote  some  others. 
I  told  him  when  he  was  going  to  write  it  that  another  man  had  written  it  the  day 
before,  and  he  said  very  well,  I  will  take  it  again. 

Q.  (Paper  shown.)  Is  that  the  paper  on  which  your  name  was  written  ? 

A.  That  is  my  name  on  it,  though  I  cannot  say  whether  it  is  the  paper  on  which 
Mr.  Budd  wrote  my  name  the  first  day ;  I  called  on  Hertz  the  day  after ;  he  did  not 
tell  me  what  bounty  I  would  receive  ;  I  did  not  inquire ;  he  gave  a  ticket  and  I  was  to 
go  down  to  the  boat. 

Q.  (The  “  N.  S.  R.  C.”  ticket  shown.)  Was  it  a  ticket  like  that? 

A.  I  actually  believe  it  was  one  of  them  green  tickets ;  I  think  so,  but  would  not 
swear  positively  that  is  was  a  green  ticket,  though  I  actually  do  believe  it  was  one ;  I 
recollect  it  having  those  letters  [“N.  S.  R.  C.”]  on  it. 

Q.  What  did  he  tell  you  to  do  with  the  ticket. 

A.  He  told  me  I  was  to  go  down  and  go  on  board  at  Pine  street  Wharf;  I  then  went 
away,  and  called  back  again  to  the  office,  and  I  asked  him  “was  I  to  go  on  board  and 
say  nothing  to  no  one,  or  was  there  to  be  anybody  there  to  receive  me  he  told  me 
to  go  down  between  nine  and  ten,  and  go  straight  on  board,  and  to  tell  the  rest,  if  I  saw 
them,  to  go  on  at  the  same  time.  I  went  next  morning  and  did  so,  and  went  on  board 
the  boat  and  was  taken  about  to  the  Navy  Yard  when  they  brought  us  back  again. 

Q.  What  took  place  when  you  got  on  board  the  boat  ? 

A.  I  saw  Mr.  Budd  on  board  the  boat,  and  we  were  called  together,  and  an  exchange 
of  tickets  took  place ;  we  were  going  on,  and  I  thought  in  a  fair  way  for  Canada,  and 
the  next  news  that  I  heard  was  that  we  were  all  made  prisoners. 

Q.  Did  Mr.  Budd  call  you  together  ? 

A.  Yes,  sir,  he  was  there  acting  as  a  kind  of  officer  or  man  in  authority;  he  did 
not  put  us  in  military  form,  but  called  us  together. 

Cross-examination  by  Mr.  Remak. 

Q.  How  much  money  have  you  received  from  the  United  States  as  witness  fees? 

Mr.  Van  Dyke  objected.  You  need  not  answer  that  question. 

Mr.  Remak — I  only  wanted  the  jury  to  know  ;  you  need  not  mind. 


74 


PETER  MUHN,  sworn.  Examined  by  Mr.  Van  Dyke. 

Q.  Do  you  know  Mr.  Hertz  ? 

A.  Yes,  sir,  I  have  known  him  since  the  26th  of  March.  I  first  saw  him  in  the 
office.  No.  68  South  Third  street. 

Q.  How  came  you  to  go  there  ? 

A.  There  was  a  man  told  me  that  there  was  an  office  to  send  men  to  Halifax  to 
work.  I  was  out  of  work  and  went  there.  That  was  on  Monday  afternoon,  and  I 
found  nobody  there  but  Mr.  Budd,  and  that  young  man  there,  Mr.  Bosschart.  He  told 
me  to  come  next  day  when  Mr.  Hertz  would  be  home,  and  then  I  could  know  all  about 
it.  I  went  there  the  next  day,  and  he  said  yes,  h.  sent  men  to  Halifax  to  work. 

Q.  What  kind  of  work? 

A.  Any  work  that  you  pleased,  and  if  I  did  not  like  it  there,  I  could  get  a  free 
ticket  back  here  again,  and  that  if  I  wanted  to  go  in  the  army,  I  would  get  $30 
bounty,  and  $8  a  month.  He  told  me  to  come  in  again  about  2  o’clock,  and  he  would 
tell  me  all  about  it.  I  went  in  about  2  o’clock,  and  he  said  that  Budd  was  going  off 
next  day  at  10  o’clock,  and  he  gave  me  a  ticket. 

Q.  What  colored  ticket  was  it;  red,  yellow,  blue  or  green? 

A.  I  do  not  recollect,  one  of  the  green,  I  guess ;  (ticket  shown,)  that  is  like  it ; 
Pine  street  wharf  was  on  the  back  of  it. 

Q.  You  went  to  Pine  street  wharf?  A.  Yes,  sir,  and  I  went  on  the  boat. 

Q.  Who  did  you  meet  there  ? 

A.  I  met  Mr.  Budd  ;  he  was  there,  and  he  took  command  of  us. 

Q.  Did  you  ever  see  Hertz  down  there  ?  A.  No,  sir. 

Q.  You  were  arrested  that  day,  were  you  not?  A.  Yes,  sir. 

JOHN  JENKINS,  sworn.  Examined  by  Mr.  Van  Dyke. 

Q.  You  are  Deputy  Marshal  ?  A.  Yes,  sir. 

Q.  Will  you  state  whether  you  had  a  warrant  in  the  latter  end  of  March,  for  the 
arrest  of  certain  parties,  and  whom  ? 

A.  The  Marshal  had  a  warrant  for  the  arrest  of  Hertz  and  others,  and  I  accom¬ 
panied  him. 

Q.  State  what  you  did  then  ? 

A.  The  Marshal  directed  me  to  go  on  board  the  Steamer  Sanford,  and  arrest  the 
partv  that  were  there.  I  arrested  Mr.  Budd,  together  with  some  12  or  15  men,  whose 
names  1  do  not  remember.  The  Marshal  himself,  afterwards  went  to  the  office  of 
Mr.  Hertz,  and  there  arrested  Mr.  Hertz,  Mr.  Bosschart,  and  two  others — four  in  all, 
I  think. 

Q.  Mr.  Hertz  was  among  them  ?  A.  Yes,  sir. 

Q.  You  arrssted  these  men?  A.  Yes,  sir. 

Q.  (“N.  S.  R.  C.”  tickets  shown.)  Do  you  know  these  tickets? 

A.  Each  of  the  men  had  tickets  similar  to  those  upon  their  person.  I  took  them 
from  them. 

Q.  (N.  Y.  Steamer  ticket  shown.)  Do  you  recollect  that? 

A.  I  do  nnt  recollect  that. 

Q.  (Book  of  Dr.  containing  cash  account  shown.)  Do  you  remember  that  book? 

A.  No,  sir,  I  do  not. 

Q.  (Book  containing  list  of  names  shown.)  Do  you  remember  that  book ? 


75 


A.  Yes,  sir,  I  remember  that  book.  I  found  it  in  the  secretary  which  Mr.  Hertz 
called  his  private  secretary,  in  the  enlisting  office.  He  gave  me  the  key,  and  I 
opened  it. 

Q.  (Receipt  shown.)  Did  you  find  that  there  ?  A.  Yes,  sir. 

The  receipt  was  read  in  evidence,  as  follows : 

Phil  AD  A.,  March  25,  1855. 

Received  of  Mr.  Hertz,  $84  for  passengers  to  Halifax. 

A.  WINSOR. 

Q.  Did  you  find  this  receipt  of  the  Ledger  for  advertising  1  and  two-thirds  squares 
J  month  $9,50,  dated  March  IG,  1855,  at  the  office.  No.  63  South  Third  street? 

A.  Yes,  sir,  it  was  in  the  secretary;  I  recollect  it. 

Q.  Did  you  find  the  receipt  of  the  Pennsylvanian  there  ? 

A.  Yes,  sir.  This  receipt  will  be  found  on  page  41  ante. 

Mr.  Remak — Q.  Is  Mr.  Hertz’s  name  in  that  receipt  ? 

Mr.  Van  Dyke — A.  No,  sir,  it  is  not. 

Q.  (N.  S.  R.  C.  ticket  shown.)  Did  you  find  any  number  of  these  tickets  there  ? 

A.  Yes,  sir,  they  were  similar  to  these. 

Q.  What  did  you  do  with  them  ?  A.  I  gave  them  to  you. 

Q.  Do  you  recollect  whether  you  arrested  Michael  Gilroy  as  part  of  that  company  ? 
A.  Yes,  sir. 

Q.  On  the  boat  ?  A.  Yes,  sir. 

Q.  Hugh  Casey?  A.  Yes,  sir. 

Q.  James  Johnson  ?  A.  I  do  not  remember  the  name.  / 

Q.  Charles  Weaver  ?  A.  I  do  not  remember  the  name. 

Q.  Peter  Mubn  ?  A.  I  do  not  remember  that. 

Q.  Philip  Label  ?  A.  No,  sir. 

Q.  Augustus  Titus?  A  1  remember  that. 

Q.  Bremen  Kernsten  ?  A.  I  do  not  remember  that. 

Q.  William  Finley  ?  A.  No,  sir. 

Q.  You  remember  Titus,  you  say  ? 

A.  Yes,  sir,  I  believe  they  all  were  the  parties  on  the  boat,  but  I  do  not  remember 
the  names  at  this  time,  nor  did  I  hear  the  names  at  that  time  ;  I  remember  Gilroy, 
Titus  and  Casey. 

Q.  (Paper  shown.)  Do  you  remember  that  paper? 

A.  Yes,  sir,  I  got  that  in  his  office,  it  was  on  the  file. 

The  paper  was  read  in  evidence,  as  follows : 

“Philadelphia,  26th  of  3d  month,  ’56. 

This  is  to  certify,  that  Mr.  Jufinas  Lyncksis  in  sound  health  and  fit  for  any  service. 

BEIL,  Docter.” 

Q.  (Papers  shown  witness.)  Do  you  remember  those  ? 

A.  Yes,  sir,  these  were  in  the  secretary. 

Mr.  Van  Dyke.  The  one  is  the  paper  which  Mr.  Budd  stated  contained  the  names 
of  the  persons  he  took,  and  the  other  appears  to  be  a  copy  of  the  recruiting  book. 

Examined  by  Mr.  Remak.  Did  Mr.  Hertz,  on  the  day  of  his  arrest,  give  you  the 
key  of  his  office  and  the  key  of  his  desk  of  his  own  accord,  freely  ? 

A.  I  demanded  them. 


76 


Q.  Did  he  give  them  without  any  hesitation  ? 

A.  I  demanded  them  through  you,  and  after  consultation  with  him,  you  directed 
Hertz  to  give  them  to  me. 

Q.  Did  he  give  them  of  his  own  accord  or  did  I  ask  him  ? 

A.  I  think  that  it  was  after  you  directed  him  to  do  it.  I  do  not  think  I  had  any 
conversation  with  Mr.  Hertz  about  the  keys — it  was  with  you. 

Q.  I  think  in  your  examination  before  the  Commissioner,  you  said  that  at  the  time 
Hertz  gave  you  the  keys,  and  I  had  no  objections. 

Q.  By  Mr.  Guillou — You  mentioned  that  you  arrested  a  number  of  persohs  on  the 
boat,  and  you  also  said  that  you  arrested  at  the  ofSce,  Hertz,  and  some  others,  which 
you  did  not  mention.  You  did  not  arrest  Mr.  Perkins  there? 

A.  No,  sir,  the  Marshal  arrested  Perkins.  He  was  not  at  Mr.  Hertz’s  office,  or  upon 
the  boat.  I  do  not  know  where  he  was  when  he  was  arrested. 

EDWARD  G.  WEBB,  affirmed.  Examined  by  Mr.  Van  Dyke. 

Q.  Are  you  acquainted  with  Mr.  Perkins  ?  A.  I  am. 

Q.  Have  you  ever  had  any  conversation  with  him  previous  to  the  28th  of  March,  in 
relation  to  recruiting  for  the  British  service  ? 

A.  Yes,  sir,  I  cannot  speak  as  to  the  date,  but  during  the  time  the  enlistment  was 
going  on  in  Third  street,  opposite  Dock,  I  met  Mr.  Perkins  in  Dock  street ;  I  think  at 
the  corner  of  Third  and  Dock,  and  we  walked  down  as  far  as  Walnut  and  Dock  streets, 
and  there  stopped  ;  a  conversation  arose  between  us  as  to  the  enlistment  going  on,  or 
said  to  be  going  on,  in  one  of  those  buildings  on  Third  street;  he  stated  he  was  hiring 
men  at  $1,25  a  day,  and  sending  them  to  Canada  or  Nova  Scotia,  or  some  other  place  in 
the  British  Provinces ;  I  asked  him  for  what  purpose,  whether  they  were  to  go  in  the 
foreign  legion  to  serve  in  the  Crimea ;  he  said  he  employed  them  nominally  for  that 
purpose — I  do  not  know  whether  I  use  his  language,  but  I  give  the  idea — of  working 
upon  a  railroad  ;  I  remarked  to  him  that  I  thought  they  would  find  their  way  into  the 
barracks,  and  he  said  he  had  no  doubt  of  that,  or  he  supposed  so,  or  something  of 
that  sort. 

Q.  Did  he  state  to  you  at  any  time  whether  he  was  doing  this  at  the  suggestion  or 
by  the  advice  of  any  higher  authorities  than  himself? 

A.  He  did;  he  told  me  he  had  not  been  long  from  Washington,  and  that  he  had 
had  an  interview  with  Crampton,  the  British  Minister,  while  there,  in  relation  to  this 
subject,  and  that  he  had  been  called  to  Washington  in  consequence  of  some  disclosures 
made  in  Philadelphia,  or  other  places,  about  the  matter ;  I  understood  him  to  say  that 
he  or  Crampton  waited  upon  Mr.  Marcy,  or  that  Crampton  told  him  that  he  had  seen 
Mr.  Marcy  and  had  entered  into  an  explanation  about  the  course  they  had  pursued  in 
Philadelphia,  and  that  after  he  had  explained,  Mr.  Marcy  either  clapped  him  upon  the 
shoulder — Perkins  or  Crampton,  I  do  not  now  distinctly  recollect  which — and  said 
“you  are  a  cunning  dog,  you  have  not  violated  any  law  of  this  country.” 

Q.  Did  he  tell  you  what  he  was  doing? 

A.  He  said  he  had  employed  a  large  number  of  men;  he  mentioned  the  number, 
but  it  has  escaped  my  memory;  that  he  employed  them  at  $1,25  a  day,  to  go  into  the 
British  Provinces,  nominally  to  work  upon  the  railroad,  but  really,  to  go  into  the  army- 

Mr.  Guillou — Did  he  say  that? 

A.  That  is  not  his  precise  language,  but  that  is  the  idea;  it  is  impossible  for  me  to 
recollect  his  language. 


77 


Q.  Give  the  substance  of  it? 

A.  As  near  as  I  recollect,  he  said  that  he  had  employed  a  large  number  of  men,  and 
had  dispatched,  I  think  he  said  500,  already,  nominally  to  -work  upon  the  railroad  in 
one  of  the  Profinces,  but  he  expected  that  they  would  find  their  way  to  the  barracks  ; 

I  asked  him  whether  he  did  not  employ  them  for  that  purpose  ;  Well,  he  said,  he  did 
not  care  a  damn  where  they  went  after  they  got  there;  that  his  purpose  was  to  get 
them  there,  and  then  they  might  take  care  of  themselves. 

Did  he  say  that  the  British  authorities  would  take  care  of  them  after  they  got  there? 

A.  I  cannot  say  with  accuracy,  whether  he  did  or  not.  He  talked  very  fast;  he 
was  in  talking  mood,  and  said  a  good  deal ;  I  saw  from  his  flushed  face  that  he  was 
in  a  talkative  way. 

Q.  Did  he  at  any  time  try  to  get  you  to  write  editorials  in  your  paper  on  this  British  / 
question. 

i.  A.  He  did.  He  was  in  the  habit  of  coming  into  the  Pennsylvanian  Office,  nightly, 
and  daily,  long  before  I  knew  who  he  was.  After  he  had  been  coming  there  several 
weeks,  he  ventured  into  the  Editorial  department,  and  conversed  with  the  Telegraphic 
reporter,  Mr.  Johnson ;  he  entered  into  conversation  nightly  with  me  upon  the  sub¬ 
ject  of  the  war  in^the  Crimea,  and  contended  that  the  Democratic  party  ought  to  take 
ground  in  favor  of  the  Allies;  that  in  fact,  the  United  States,  as  a  general  thing,  should 
do  so,  because  she  was  the  daughter  of  Great  Britain  ;  our  people  spoke  the  same 
language,  and  were  educated  in  the  same  literature,  and  so  on ;  he  frequently  grew 
warm  upon  the  subject,  and  I  listened  to  him  ;  and  repeatedly,  while  he  was  talking 
upon  that  subject,  I  was  writing  a.r  article  against  the  Allies,  and  combatting  his 
argument  as  he  was  progressing. 

Q.  Which  is  Mr.  Perkins  ? 

A.  I  know  him  very  well,  I  have  seen  him  almost  every  day ;  but  I  do  not  see  him 
now  in  the  room. 

Mr.  Guillou.  There  is  no  difficulty  about  that  ? 

Witness.  He  always  said  that  he  was  an  Agent  of  the  British  government,  and 
that  he  was  in  correspondence  with  Lord  Palmerston,  and  I  think,  Lord  Clarendon. 
He  gave  me  to  understand  that  he  was  a  tory,  and  that  the  tory  party  in  England  was 
the  only  party  that  knew  anything;  (laughter,)  that  they  were  always  able  to  carry 
on  the  Government  properly,  and  that  the  Whig  party  was  composed  of  dunces, 
(laughter)  who  always  got  into  difficulties,  and  were  the  bitter  enemies  of  this  country. 
He  said  that  he  was  a  correspondent  to  several  newspapers,  and  mentioned  particu¬ 
larly  the  '■'•Times”  and  stated  that  he  had,  with  every  mail,  sent  a  file  of  the  Pennsyl¬ 
vanian  to  Europe,  to  the  Times.  He  also  spoke  of  Lord  Brougham,  and  said  that  he 
was  in  correspondence  with  him. 

Q.  Did  he  say  the  correspondence  was  on  this  subject  ? 

A.  No,  sir,  I  do  not  think  he  did. 

Q.  Did  he  mention  the  subject? 

A.  He  was  talking  about  this  subject  at  the  time  he  said  this.  He  complained 
about  the  tone  of  the  articles  in  the  Pennsylvanian,  and  showed  a  good  deal  of  feeling. 
He  said  that  he  had  written  to  his  employers  in  Europe,  and  had  assured  them  that 
the  Democratic  press  in  this  country  was  all  right,  which  I  believe  did  not  happen  to 
be  the  case — (laughter) — and  that  they  would  think  it  very  strange  that  he  should 
give  them  such  information,  when  they  found  the  tenor  of  the  articles  against  the 
Allies  so  ultra,  and  so  strongly  in  favor  of  Russia. 

Judge  Kane.  Did  he  classify  Brougham  among  the  Whigs  or  the  Tories  ? 


78 


Witness.  I  do  not  remember  whether  he  classified  him  or  not ;  he  said  he  corres¬ 
ponded  with  him. 

Mr.  Guillou.  May  it  please  your  Honor,  he  was  like  the  man  in  the  play,  “he 
received  letters  from  Constantinople,”  (laughter.) 

Q.  Did  he  speak  of  this  as  confidential  ? 

Witness.  Yes,  sir,  he  did,  and  remarked  on  several  occasions,  that  what  he  told 
me  was  contained  in  some  letters,  which  he  had  just  received,  but  could  not  show  the 
letters  to  me,  (laughter.) 

Judge  Kane.  Was  there  any  relations  between  you  and  him,  which  would  have 
suggested  the  propriety  of  his  telling  you  this  ? 

No,  sir,  he  is  excessively  talkative,  but  is  a  man  of  large  information,  obtained 
by  travel — and  is  a  man  of  education;  he  spoke  of  his  being  Lieutenant  in  the  British 
Army  in  India,  and  was  promoted  to  a  Captaincy  by  the  brevet;  that  he  had  been 
there,  and  was  in  Hindoostan,  and  in  that  terrible  fight  in  the  mountains  of  AfiFghan- 
istan,  where  the  British  army  was  literally  destroyed.  He  also  spoke  of  his  wounds, 
but  never  showed  them.  (Laughter.)  He  also  spoke  of  his  having  been  directed  to 
superintend  the  embarkation  of  troops  to  some  part  of  Africa  or  Hindoostan. 

Q.  By  Mr.  Van  Dyke.  Y^ou  are  the  editor  of  the  Pennsylvanian  ?  A.  I  am. 

Q.  And  that  is  what  induced  this  conversation  with  you  ?  A.  Yes,  sir. 

Q.  You  were  at  the  time  editor !  A.  Yes,  sir. 

Judge  Kane.  And  your  press  was  at  the  time,  unfriendly  to  his  projects  ! 

A.  It  has  been,  during  the  year  and  a-half  that  I  have  been  editor,  and  was  so,  I 
think,  before.  I  did  not  like  the  threatening  remarks  towards  the  United  States,  of 
some  of  the  gentlemen  high  in  power  in  England  and  France,  and  I  thought  we  had 
better  take  care  of  ourselves,  and  put  our  house  in  order ;  and,  therefore,  1  wanted 
the  Allies  soundly  drubbed. 

Q.  By  Mr.  Van  Dyke — I  believe  you  have  stated  in  substance,  everything  ? 

A.  As  far  as  I  recollect. 

Q.  Did  he  at  any  time  say  he  engaged,  or  retained  any  person  to  go  to  Halifax, 
with  the  intention  of  being  enlisted  after  he  got  there? 

A.  Well,  he  spoke  in  general  terms,  and  left  the  impression  upon  my  mind,  that  he 
had  employed  those  men  for  that  purpose,  and  had  some  understanding  with  them, 
that  after  they  got  there,  they  were  to  go  into  the  barracks.  He  may  have  mentioned 
them  by  name,  but  I  have  no  recollection  of  it ;  he  left  the  impression  upon  my  mind, 
that  they  were  employed  for  that  purpose. 

Q.  Have  you  stated  fully  the  conversation  which  he  repeated  to  you  as  having  had 
with  Crampton  upon  that  subject ! 

A.  I  cannot  recollect  it;  he  talked  a  good  deal  upon  that  subject,  and  endeavored 
to  impress  me  with  the  idea  that  he  was  a  very  great  man,  and  knew  the  secrets  of 
the  British  Cabinet. 

Q.  You  were  never  at  this  recruiting  office.  No.  68  S.  Third  street? 

A.  I  passed  by  it  daily,  and  saw  something  was  going  on ;  but  did  not  know  what. 

I  saw  several  persons  going  in  and  out,  and  saw  him  repeatedly  come  out,  which  led 
me  to  suspect  that  he  was  a  party  in  the  matter. 

Cross-examined  by  Mr.  Guillou. 

Q.  I  do  not  think  you  understand  a  question  of  the  Judge.  He  asked  you  whether 
the  opinion  expressed  in  the  Pennsylvanian  was  adverse  to  the  project  of  the  defend¬ 
ant,  and,  as  I  understand  you,  you  answered  that  it  was  adverse  to  the  war  in  Europe  ? 


A.  It  has  been  against  this  project  of  enlisting,  and  it  has  been  very  seyere.  It 
was  the  first  that  denounced  it  and  exposed  it. 

Q.  State  whether  Perkins  is  not  a  man  who  talks  a  great  deal  ? 

A.  Yes,  sir,  he  talks  incessantly.  He  is  a  man  of  large  information,  obtained  by 
travel,  and  is  a  man  of  education,  but  not  much  judgment. 

Q.  His  temper  rises  pretty  high  sometimes?  A.  Very 

Q.  Mr.  Conroy  mentions  an  instance  when  he  left  your  office,  cursing  all  in  the 
office  ? 

A.  He  was  frequently  excited  about  the  subject,  and  I  would  then  draw  him  out  to 
the  length  of  his  tether. 

Q.  And  you  were  writing  articles,  firing  away  at  the  Allies,  and  loading  your  guns 
with  the  ammunition  he  furnished  you  ? 

Mr.  Van  Dyke.  May  it  please  the  Court;  having,  as  I  think,  proved  a  clear  prima 
facia  case  against  one  of  the  defendants  (Hertz,)  and  submitted  all  the  testimony  I 
have  to  offer  against  the  other  (Perkins,)  I  deem  it  unnecessary  to  extend  the  ex¬ 
amination  of  the  witnesses  relative  to  Mr.  Hertz — I  therefore  close  for  the  present, 
the  case  of  the  Government. 

[The  Court  then  took  a  recess  for  half  an  hour.] 

The  District  Attorney  having  closed  his  case,  the  counsel  for  the  defence  said  they 
had  no  testimony  to  offer. 

Mr.  Guillou  for  Mr.  Perkins,  asked  the  Court  to  instruct  the  jury  to  return  a  ver¬ 
dict  of  not  guilty  as  to  Emanuel  C.  Perkins,  there  being  no  evidence  to  hold  him. 

Mr.  Van  Dyke — Is  it  the  intention  to  make  a  witness  of  the  defendant? 

Mr.  Guillou — No  ! 

Mr.  Van  Dyke — This  application  is  entirely  within  the  discretion  of  the  Court,  and 
I  presume,  might  be  granted,  if  the  ends  of  substantial  justice  were  to  be  served  by 
so  doing ;  but  as  Mr.  Perkins  is  not  to  be  put  upon  the  stand,  nothing  is  gained  to  either 
of  the  defendants  by  separate  verdicts.  I  am  free  to  admit,  that  under  the  former 
ruling  of  the  Court,  I  have  not  made  out  such  a  clear  case  against  the  defendant 
Perkins,  as  I  should  have  liked,  but  I  prefer  the  going  jointly  to  the  Jury  as  they 
now  stand.  The  result,  no  doubt,  will  be  the  same  to  Mr.  Guillou’s  client. 

Mr.  Guillou — Under  the  remarks  of  the  District  Attorney,  I  withdraw  my  application. 

Mr.  VAN  DYKE,  in  summing  up  for  the  United  States,  said : — He  did  not  deem  it 
necessary,  further  to  examine  the  witnesses,  which  could  be  produced.  That  he  was 
satisfied  the  testimony  which  had  already  been  submitted  was  conclusive  in  favor  of 
the  government,  on  all  the  questions  which  had  been  submitted  to  the  jury.  He  had 
but  very  few  suggestions  to  make  at  the  present  time,  and  such  he  should  address  to 
the  jury,  more  through  the  medium  oft  he  Court,  than  directly  to  themselves,  because 
it  was  his  belief  that  under  the  charge  which  the  Court  would  give  of  the  law  bearing 
upon  the  case,  the  jury  would  have  no  difficulty  in  finding  the  defendant  Hertz  guilty’ 
in  the  manner  and  form  as  charged  in  each  and  every  of  the  bills  of  indictment  laid 
before  them. 

The  Act  of  Congress,  may  it  please  the  Court,  provides,  (I  recite  it  from  memory 
and  the  Court  will  correct  me  if  I  am  wrong,)  First.  That  if  any  person  shall,  within 
the  territory  or  jurisdiction  of  the  United  States  enter  himself  in  the  service  of  any 
foreign  prince,  &o.  This  is  one  distinct  and  separate  misdemeanor  created  by  the 
act. 


80 


Second.  If  ary  nerson  shall  niEE  or  eetain  akt  othee  peeson  to  enlist  or  enter 
himself  in  the  service  of  any  foreign  prince,  &c.  This  is  another  and  the  second  dis¬ 
tinct  misdemeanor  created  by  this  Act, 

Third.  If  any  person  shall  hiee  or  eetain  any  othee  peeson  to  go  beyond  th® 

LIMITS  OE  JDEISDICTION  OF  THE  UNITED  STATES,  VTITH  THE  INTENT  TO  ENLIST  OE  ENTEE 

HIMSELF  in  the  service  of  any  foreign  prince,  state,  colony,  district  or  people,  as  a 
SOLDIEE, — not  as  a  soldier  on  board  any  vessel  or  letter  of  marque,  as  has  been  con¬ 
tended,  but  as  a  soldier  according  to  the  general  common  acceptance  of  the  term, — or 
as  a  mariner  on  board  any  vessel  or  letter  of  marque,  &c. 

Now,  these,  three,  are  distinct  and  separate  offences.  The  first  is  that  of  a  person 
enlisting  or  entering  into  the  service  of  any  foreign  prince,  state,  colony,  district,  &c. 
In  relation  to  this,  he  said,  the  defendant  is  nqt  in  any  manner  charged  in  the  indict¬ 
ment,  and,  therefore,  it  is  unnecessary  to  embarrass  the  Court  and  jury  in  taking  into 
consideration  any  facts  which  relate  to  an  intent  on  the  part  of  the  defendant  to  enter 
and  enlist  himself.  Neither  has  the  defendant,  nor  any  other  person,  been  charged 
with  having  absolutely  enlisted  within  the  terriiory  or  jurisdiction  of  the  United  States; 
nor  is  the  defendant,  or  any  one  else,  charged  with  having  gone  beyond  the  limits  or 
jurisdiction  of  the  United  States  with  the  intent  to  enlist. 

What,  then,  is  the  charge?  What,  the  only  issue  upon  which  I  ask  this  Court  to 
charge  the  Jury,  that  the  Government  have  made  a  clear  case  ?  It  is  jirst,  that  the 
defendant  hiked  and  ketained  some  persons  to  enlist  within  the  limits  or  jurisdiction 
of  the  United  States.  This  crime  is  charged  in  two  ways,  in  the  first  two  counts  in 
the  indictment ;  and  secondly,  that  the  defendant  has  within  the  jurisdiction  of  the 
United  States,  hired  and  eetai  ed  certain  persons  to  go  beyond  the  limits  and 
JURISDICTION  of  the  United  States,  with  the  intent  to  enlist  when  they  arrived  beyond 
such  limits  and  jurisdiction.  This  crime  is  charged  in  various  forms  in  the  four  re¬ 
maining  counts  of  the  indictment. 

It  is  no  offence  under  the  statute,  in  Muhn  or  Budd,  or  any  one  else  to  be  hired. 
So  that  those  recruits  who  have  oluntarily  came  upon  the  stand,  and  confessed  their 
participation  in  this  lawless  transaction,  have  confessed  no  crime.  If  A.  hires  B.  to 
go  beyond  the  limits  of  the  United  States,  with  the  intent  mentioned  in  tlie  act;  B. 
having  agreed  with  A.  wit  n  the  limits  of  the  United  States,  to  depart  with  the  in¬ 
tent  to  enlist ;  the  erime  or  offence  is  not  committed  by  B.  because  he  merely  engaged 
with  A.  to  go,  but  the  ofi'ence  is  committed  alone  by  A.  who  hired  him,  for  so  far  as  the 
going  beyond  the  limits  of  the  United  States,  with  the  intent  to  enlist,  is  mentioned 
in  the  act ;  the  offence  consists  in  hiring  or  engaging  the  person  to  go,  and  not  in 
being  hired  or  engaged  to  go.  And  the  court  is  asked  so  to  charged  the  jury.  Then, 
as  to  the  intent,  what  is  meant  thereby  ?  and  who  must  have  such  intent  ?  On  this 
point  the  court  is  asked  to  charged  the  jury,  that  the  intent  mentioned  in  the  act  is 
the  motive  in  the  mind  of  the  person  hired,  and  has  no  reference  to  the  design  of  the 
person  hiring,  except  that  the  person  hiring  believed,  or  had  reason  to  suppose,  the 
person  hired  really  intended  to  enlist,  when  he  should  arrive  beyond  the  limits 
of  the  United  States,  and  that  he  hired  him  for  such  purpose.  That  if  the  jury, 
from  all  the  testimony,  are  satisfied,  that  Hertz,  at  the  time  he  engaged  Muhn,  Budd, 
Weaver,  or  any  other  person  mentioned  in  any  of  these  bills  of  indictment,  to  go  be¬ 
yond  the  limits  of  the  United  States,  and  furnished  m  the  facilities  to  depart,  had 
the  intention  to  enlist  in  the  British  Military  service,  then  that  point  of  the  act, 
which  speaks  of  the  intent  is  sufficiently  established. 


81 


Believing  that  the  learned  Court  will  give  the  jury  in  charge  the  law  as  he  has 
stated  it,  Mr.  V.  called  the  attention  of  the  jury  to  the  principle  features  of  the  evi¬ 
dence  in  the  case.  He  contended  that  he  had  established  every  point  made  in  his 
opening  remarks. 

First.  He  had  shown  by  incontrovertible  testimony,  that  the  necessities  of  the 
British  government,  resulting  from  the  disastrous  condition  of  their  army  in  the 
Crimea,  and  the  unpopularity  of  the  cause  of  the  Allies  at  home,  compelled  them  to 
hazard  the  enlistment  of  soldiers  within  the  limits  of  foreign  neutral  nations. 

Second.  That  in  the  accomplishment  of  this  design,  the  English  authorities  at  home, 
and  their  representatives  on  this  continent,  had,  in  gross  violation  of  the  laws  of  the 
United  States,  concocted  and  partially  matured  a  plan  for  procuring,  within  our  terri¬ 
torial  limits,  sufScient  men  to  supply  the  forlorn  hopes  of  an  unpopular  war,  and  re¬ 
gain  the  lost  prestige  of  a  waning  administration. 

In  support  of  these  points,  Mr.  V.  adverted  to,  and  commented  upon,  the  testimony 
of  Capt.  Max  F-  0.  Strobel,  Col.  Burgthall,  Col.  Kumberg,  Dr.  Keuss,  Mr.  Bucknell, 
Mr.  Budd.  The  truth  of  their  representations  had  not  been  questioned,  and  the  jury 
are  bound,  under  their  oaths,  to  regard  their  evidence  as  conclusive. 

Third.  That  Henry  Hertz,  the  defendant,  was  an  agent  of  the  English  government 
in  the  accomplishment  of  this  general  plan  and  design.  That  he  had  been  employed 
for  that  purpose  by  Mr.  Crampton,  Her  Britanic  Majesty’s  Envoy  Extraordinary — the 
highest  British  functionary  known  in  this  country,  as  also  by  Sir  Joseph  Howe,  the 
general  agent,  specially  sent  to  America  for  this  purpose,  and  by  Sir  Gaspard  le 
Marchant,  the  Governor  of  a  neighboring  British  province. 

Fourth.  That  in  pursuance  of  such  employment,  this  plan  was  regularly  carried 
out  by  the  defendant.  That  he  did,  in  the  city  of  Philadelphia,  engage  at  least  two 
hundred  men  to  go  beyond  the  limits  of  the  United  States,  with  the  intent  to  become 
a  part  and  parcel  of  the  British  Foreign  Legion.  That  in  order, the  more  eflFectually 
to  accomplish  this  design,  he  opened,  under  the  auspices  of  his  English  employers,  a 
recruiting  office,  and  advertised  in  the  public  papers,  and  posted  through  the  streets 
placards  bearing  the  Queen’s  arms,  inviting  men  to  his  office.  That  the  persons  calling, 
in  answer  to  such  proclamations,  were  sent  by  the  defendant  to  Halifax,  who,  when 
there,  were  attested,  and  mustered  into  the  military  service  of  the  British  govern¬ 
ment. 

Fifth.  That  Mr.  Hertz,  at  the  time  he  was  thus  engaged  in  hiring  and  sending 
men  beyond  the  limits  of  the  United  States,  well  knew  that  it  was  the  intention  of  the 
persons  thus  hired  and  sent,  to  enlist  in  the  service  of  her  Majesty,  the  Queen  of  Great 
Britain. 

Mr.  V.  argued  that  the  affirmative  of  each  of  these  propositions  was  fully  sustained 
by  the  testimony  produced  by  the  government,  and  called  the  attention  of  the  jury  to 
'  that  portion  of  the  evidence  which  severally  related  to  them.  He  said  the  charac- 
I  ter  of  the  witnesses  was  unimpeached  and  that  their  testimony  had  been  abundantly 
'  corroborated  by  the  written  evidence  which  he  had  been  enabled  to  produce — That 
I  there  could  be  no  difficulty  in  finding  a  verdict  of  guilty  as  to  the  defendant  Hertz. 
That  if  the  jury  believed  both  defendants  guilty,  they  should  so  find.  If,  on  the  con¬ 
trary,  they  did  not  think  a  case  had  been  made  out  against  Perkins,  they  should 
acquit  him  and  find  a  verdict  of  guilty  against  Hertz — They  could  separate  their  ver¬ 
dict. 


6 


82 


As  tq  Sir.  Perkins,  Sir.  V.  said  that  he  did  not  intend  to  press  for  a  conviction 
•where  the  evidence  does  not  in  the  clearest  manner  justify  him  in  so  doing — That 
however  much  he  might  himself  be  convinced  of  a  defendant’s  guilt,  it  was  his  duty 
to  prove  him  so,  and  that  beyond  reasonable  doubt.  From  the  intimation  of  the 
learned  Court  when  this  case  was  before  it  on  writ  of  Habeas  Corpus,  he  presumed 
his  honor  would  require  the  government  under  the  present  form  of  indictment  for  a 
statutory  offence,  to  prove  an  actual  hiring  or  retaining  of  some  one  of  the  individu¬ 
als  mentioned  in  the  bills.  Should  such  be  held  to  be  the  law  under  this  statute,  he 
was  compelled  in  candor  to  say  to  the  jury  that  he  had  himself,  under  the  testimony, 
a  doubt  as  to  Perkins  having  been  proved  guilty.  He  regretted  such  was  the  case, 
but  having  brought  all  the  evidence  he  could  to  bear  against  him,  he  left  him  in  the 
hands  of  the  jury  without  any  expression  of  his  private  opinion  as  to  that  defendant’s 
guilt. 

Jlr.  V.  closed  his  remarks  by  a  severe  commentary  upon  the  baseness  and  perfidy 
of  the  persons  engaged  as  the  chief  actors  in  this  flagrant  attempt  to  violate  and 
evade  the  laws  and  treaty  obligations  of  the  United  States,  and  expressed  the  hope 
that  the  result  of  this  case  would  vindicate  the  action  of  the  government  in  their 
determination  to  maintain  our  national  integrity  with  every  nation  of  the  globe, 
whether  it  is  or  is  not  in  accordance  with  sinister  purposes  of  Great  Britain.  By  for¬ 
cing  this  indictment  thus  against  this  defendant,  the  President  of  the  United  States 
has  struck  as  near  the  thionn  of  Her  Majesty  as  he  is  enabled  to  do  in  the  shape  of  a 
criminal  prosecution.  The  extended  privileges  and  peculiar  protection  given  to  a 
foreign  minister  prevents,  so  far  as  he  is  concerned,  the  application  of  the  criminal 
code  of  the  country,  although  such  foreign  minister  may  be  proved  guilty  of  acts, 
which  if  committed  by  a  private  individual  would  make  him  a  felon. 

Were  it  not  so,  I  think  I  am  justified  in  saying,  I  would  this  day,  by  the  direction  of 
the  President,  be  trying  Mr.  Crampton,  Sir  Joseph  Howe  and  Sir  Gaspard  Ih  Merch¬ 
ant,  instead  of  their  humble  instrument,  whose  conviction  is  now  asked  at  your  hands. 
The  jury,  however,  will  leave  these  gentlemen  to  the  only  power  legally  authorized 
to  take  care  of  oar  public  safety,  by  demanding  reparation  from  their  government,  and 
you,  gentlemen,  may  rest  assured  that  in  due  time,  they  will  be  called  upon  by  our  able 
and  faithful  officers  at  Washington  to  make  proper  atonement  for  the  gross  insult 
which  they  have  offered  to  our  laws  and  our  people. 

If,  on  the  contrary,  after  I  have  in  this  trial,  instituted  by  the  direction  and  with 
the  cordial  approbation  of  the  National  Administration,  proved  the  defendant  so 
cleaidy  guilty,  as  the  instrument  and  agent  of  Mr.  Crampton  and  his  confederates, 
you  should,  on  account  of  any  sympathy,  which  may  be  thrown  into  the  jury  box, 
acquit  him ;  your  verdict  will  be  the  strongest  argument,  which  will  hereafter  be 
used  to  protect  Her  Majesty’s  agents  in  their  impudent  intermeddling  with  the  affairs 
of  this  continent.  Confident,  however,  that  you  are  men  devoted  to  the  institutions 
and  political  policy  of  your  own  country — and  as  such,  are  ever  ready,  fearlessly  to 
defend  them,  I  leave,  in  your  hands,  the  honor  of  the  Government,  and  the  rights  of 
all  those  who  seek  shelter  beneath  its  broad  protecting  regis.  Weaken  not  that 
power  of  protection  by  your  verdict — stain  not  that  honor  by  one  moment’s  hesitation, 
in  your  approval  of  the  determination  on  the  part  of  the  Government,  to  preserve 
every  feature  of  our  constitutional  vigor,  as  well  from  the  jealous  designs  of  foreign 
powers,  as  from  the  fanatical  treason  of  domestic  foes. 


83 


Mr.  Van  Dtke  having  concluded,  he  was  followed  hy  Mr,  STEPHEN  S.  REMAK, 
who  made  a  powerful  appeal  to  the  jury  in  behalf  of  the  defendant,  Hestz.  He  spoke 
for  two  hours  and  a-half,  giving  a  full  history  of  the  case,  reviewing  the  testimony 
which  had  been  submitted,  and  dwelling  with  great  power  and  eloquence  upon  the 
law  bearing  on  the  subject.  It  would  have  afforded  us  great  pleasure  to  be  able  to 
present  his  speech  in  full  as  taken  by  our  reporter,  but  want  of  space  forbids. 

MR.  CUYLER — May  it  please  the  Court,  gentlemen  of  the  jury:  You  are  weary, 
gentlemen,  and  long  to  be  released.  I  shall  detain  you  but  a  few  minutes  by  the  re¬ 
marks  it  is  my  duty  to  make  to  you  in  this  case. 

The  facts  of  the  case  have  been  elaborately  analysed  and  discussed  by  my  colleague, 
and  I  deem  it  unnecessary  to  pursue  the  path  in  which  he  has  preceded  me — in  re¬ 
viewing  and  digesting  the  testimony  you  have  listened  to  so  patiently  in  this  case. — 
The  duty  which  has  fallen  to  my  share,  may  it  please  your  Honor,  is  chiefly  that  of 
inviting  your  attention  to  the  view  entertained  by  the  defence  of  the  true  construction 
of  the  Act  of  Congress,  under  which  this  indictment  is  framed — trusting,  if  you  shall 
agree  with  us  in  that  construction,  that  the  Jury  will  not  find  in  the  evidence  in  this 
case,  that  a  violation  of  the  wholesome  provisions  of  this  Act  of  Congress  has  taken 
place. 

You  cannot  have  failed  to  notice,  gentlemen  of  the  Jury,  in  the  progress  of  this 
case,  that  the  names  of  those  high  in  authority  and  official  rank  have  appeared,  and 
often  appeared,  to  be  mingled  in  the  transactions  from  which  these  indictments  have 
sprung.  Mr.  Barclay,  the  Consul  at  New  York,  Mr.  Matthew,  the  Consul  at  Phila¬ 
delphia,  Mr.  Crampton,  the  British  Minister  at  Washington,  have  all  of  them  appear¬ 
ed  as  prominent  and  earnest  actors  in  the  scenes  which  have  been  detailed  in  the 
evidence  before  you.  Among  the  humblest  of  all  who  have  been  named,  is  this  poor 
and  unfortunate  man — a  stranger  in  a  strange  land,  forlorn,  friendless,  and  deserted, 
for  vffiose  conviction  the  zeal  and  learning  of  the  District  Attorney,  and  the  power  of 
the  government,  have  been  so  earnestly  and  sternly  pressed  upon  you.  And  here, 
pausing  for  an  instant,  let  me  pay  my  tribute  of  respect  to  the  learned  District  Attor¬ 
ney,  for  the  candor  and  liberality  with  which  he  has  conducted  the  case,  and  for  the 
more  than  usual  fullness,  perfection,  and  ability  with  which  he  has  prepared  and 
managed  this  prosecution.  The  power  of  the  Government,  so  ably  exerted  and  di¬ 
rected  by  him  in  this  prosecution,  is  in  strange  contrast  with  the  preparation  this 
poor  and  friendless  man  has  been  able  to  make  for  his  defence. 

I  cannot  suppose,  gentlemen  of  the  Jury — I  will  not  suppose — you  will  not,  I  trust, 
suppose  for  an  instant,  that  these  high  functionaries  of  a  foreign  but  friendly  State, 
dwelling  within  our  borders,  have  consciously  either  evaded  or  violated  the  provisions 
of  any  of  the  laws  of  the  land.  You  will  not  believe  that  these  gentlemen  of  standing, 
character,  and  intelligence,  have  deliberately  planned  an  infraction  of  the  laws  of  the 
country,  and  then  left  this  humble  instrument  of  their  designs  unfriended  to  bear  the 
severe  penalty  of  a  law  broken  under  their  advice  and  in  the  execution  of  their  re¬ 
quests. 

You  will  the  rather,  gentlemen,  believe  with  me,  that,  conscious  of  their  own  in¬ 
tegrity,  and  with  the  law  in  full  view  before  them,  and  with  experience  and  capacity 
to  construe  the  law  aright,  they  so  ordered  their  own  course  and  so  directed  their 
subordinate  agencies,  that  no  violation  of  the  law  should  anywhere  take  place.  This, 
gentlemen,  I  trust  you  .are  now  about  to  find.  In  a  word,  I  sh.all  submit  to  you  that 


84 


no  offence  is  proven  -within  the  construction  of  the  Act  -which  I  shall  ask  the  learned 
Judge  to  give  you. 

May  it  please  your  Honor,  the  offence  with  which  this  man  is  charged  is  unknown 
to  the  common  law.  The  right  of  any  man  to  expatriate  himself,  cannot  under  our  law 
be  questioned,  except  so  far  as  the  statute  may  have  forbidden  it  to  be  done  under 
certain  particular  circumstances,  or  with  a  certain  intent  which  the  statute  forbids 
and  punishes.  Such  a  statute  is  the  subject  of  strict  construction.  If  the  facts  are 
not  within  its  fair  spirit  and  construction  the  offence  is  not  made  out,  and  it  is  your 
duty  to  acquit.  Now  what  is  the  offence  created  by  the  statute,  in  derogation  of  that  which 
otherwise  would  not  be  unlawful  or  in  any  way  punishable.  The  second  section  of 
the  Act  of  Congress  of  April  20,  1818,  under  which  the  indictment  is  pressed,  provides 
That  if  any  person  shall  within  the  territory  or  jurisdiction  of  the  United 
States  enlist  or  enter  himself  or  hire  or  retain  another  person  to  enlist  or  enter  himself 
or  to  go  beyond  the  limits  or  jurisdiction  of  the  United  States  with  intent  to  be  en¬ 
listed  or  entered  in  the  service  of  any  foreign  prince,  state,  colony,  district  or  people, 
as  a  soldier,  &c.  “Every  person  so  offending  shall  be  deemed  guilty  of  a  high  mis¬ 
demeanor,  &c.” 

The  offence  does  not  consist  of  course  in  a  person  hiring  or  enlisting,  and  there  is 
nothing  of  that  kind  in  the  case,  but  it  consists  either  in  hiring  or  retaining  other 
persons  to  enlist,  or  hiring  or  retaining  other  persons  to  go  beyond  the  limits  of  the 
United  States  with  intent  to  enlist.  The  offence  then  is  “  the  hiring  or  retain¬ 
ing.”  Now  that  means  something  more  than  mere  persuasion.  It  does  not  mean 
that  the  mere  exercise  of  an  influence  which  operates  upon  the  reason  of  a  person  and 
induces  him  to  go,  creates  the  offence.  It  must  be  a  “hiring  or  retaining,”  or  in  other 
words  it  must  be  the  creation  of  a  legal  obligation,  or  of  that  which  irrespective  of  the 
provisions  of  this  Act  of  Congress,  would  amount  to  a  contract  or  legal  obligation, 
and  be  capable  of  enforcement  as  other  legal  contracts  are. 

I  submit  then,  to  your  Honor,  this,  as  the  true  construction  of  this  Act,  and  I  ask 
you  so  to  instruct  the  jury. 

Now,  gentlemen,  upon  the  whole  testimony  in  the  case ;  has  the  evidence  raised 
in  your  minds  a  conviction,  free  from  all  doubt,  that  there  existed  between  Mr.  Hertz 
and  any  of  the  several  parties  named  in  these  indictments  a  valid,  legal,  binding  con¬ 
tract  “  of  hiring  or  retaining  ”  them  to  enlist  or  to  go  beyond  the  limits  of  the  United 
States  with'  intent  to  enlist  ?  If  it  has  |not  it  is  your  duty  to  acquit.  Can  you 
upon  your  oaths,  on  this  testimony,  say  to  me  there  has  been  such  a  con-viction  estab¬ 
lished  in  your  minds. 

Turn  with  me  for  a  moment  to  the  testimony.  I  shall  not  weary  you  with  its  details. 
But  tell  me,  witness  after  witness  was  examined  before  you,  and  did  they  not  almost 
with  an  unanimous  voice  tell  you  that  they  were  not  enlisted  in  the  service  of  any 
foreign  prince  or  state,  nor  placed  under  any  obligation  to  enlist,  but  simply  were  to 
be  transported  to  Halifax,  and  they  were  in  the  exercise  of  a  perfectly  free  and  inde¬ 
pendent  judgment,  either  to  enlist  in  the  service  of  the  Queen,  or  to  decline  to  do  so  as 
they  might  in  their  mere  discretion  see  fit  to  do  ?  It  is  true  there  have  been  several 
witnesses  upon  the  stand  whose  testimony  might  receive  a  different  construction,  but 
remember,  gentlemen,  the  disadvantages  under  which  these  witnesses  labored.  They 
were  foreigners — Germans — who  spoke  our  language  imperfectly,  incapable  of  ex¬ 
pressing  as  you  or  I  would  do  those  nicer  shades  of  meaning  which  are  needful  to 
convey  a  true  and  precise  impression  of  the  facts.  You  will  not  say  to  me  that  such 


testimony,  and  so  little  of  it,  ■will  bear  do-wn  in  your  minds  the  full  strong  current  of 
other  testimony,  some  of  it  -written  and  precisely  embodying  the  exact  plan  and  iti- 
tention,  much  of  it  oral,  but  clear  and  exact  and  perfectly  consistent  -with  that  which 
■was  written,  and  all  showing  beyond  question  that  no  man  was  “hired  or  retained” 
in  this  country  for  any  purpose  whatever,  but  that  they  were  simply  persuaded  to  go 
to  Halifax,  and  when  there  were  in  the  perfectly  free  exercise  of  their  judgments  in 
their  mere  discretion  to  determine  either  to  enlist  or  to  refuse  to  enlist  as  they  migh^ 
then  choose. 

I  can  feel  no  doubt,  gentlemen  of  the  jury,  that  you  will  find  this  to  be  the  weight 
of  the  testimony.  If  you  do  I  ask  you  to  acquit.  If  you  do,  you  will  find  that  there 
did  not  exist  between  Hertz  and  these  parties  a  contract  such  as  irrespective  of  this 
Act  of  Congress,  would  be  valid,  legal  and  capable  of  being  enforced,  and  so  finding, 
as  there  was  no  “  hiring  or  retaining”  within  the  meaning  of  the  Act,  you  will  ac¬ 
quit. 

Gentlemen  of  the  jury,  I  represent  a  very  humble  man,  a  poor  desolate  stranger. — 
If  the  law  has  been  violated,  which  in  view  of  the  construction  I  have  just  given  you 
it  plainly  has  not ;  there  are  others  upon  whom  with  more  justice  its  penalties  should 
be  visited.  Let  us  shield  this  man,  whose  highest  offence — if  offence  he  has  com¬ 
mitted — is  ignorance  of  the  law,  and  let  those  wiser  men  of  higher  rank  bear  the 
penalty.  This  question  should  be  settled  elsewhere,  not  here.  If  our  laws  have  been 
outraged,  the  government  of  Great  Britain  has  done  it.  Let  that  matter  be  settled  at 
Washington,  and  not  in  an  account  between  the  government  and  this  obscure  and 
humble  man.  But,  gentlemen,  I  will  not  detain  you  any  longer.  You  will  not,  I  am 
sure,  find  in  the  facts  of  the  case  that  the  law  has  been  broken  anywhere  or  by  any 
man.  You  will  not  find  that  mere  persuasion  is  the  creation  of  a  legal  contract,  or 
that  a  man  who  is  left  free  to  the  unpledged  exercise  of  his  own  mere  discretion  have  been 
“hired  or  retained”  within  the  meaning  of  this  Act.  And  so  thinking  and  so  finding, 
you  will  rejoice  to  restore  this  unfortunate  man  to  his  friends  and  his  home,  and  to 
the  wife  and  the  children  which  wait  for  and  long  to  welcome  him  there. 

Mr.  GUILLOU  said : — May  it  please  the  Court,  gentlemen  of  the  Jury ;  if  you  will 
bear  with  me  at  this  late  hour  of  the  day  for  five  minutes,  I  will  close  my  duties  with¬ 
in  that  time.  It  is  the  boast  of  us  all  that  we  live  in  a  land  of  laws,  it  is  our  safety 
that  the  law  is  administered  by  two  tribunals — the  one  explaining  the  law,  and  the 
other  applying  it  to  the  facts  in  evidence.  The  indictments  upon  which  you  are  to 
pass,  some  12  or  13  in  alt,  charge  the  defendant  Perkins,  together  with  Hertz,  with 
having  enlisted  specified  individuals,  A.  B.  C.  The  crime  with  which  he  stands  in¬ 
dicted,  is  the  enlistment  of  persons  to  serve  in  a  foreign  country.  I  have  turned  my 
attention  carefully  to  the  testimony  in  this  case,  because  when  counsel  makes  an  as¬ 
sertion  to  a  jury  on  a  point  of  fact,  it  is  his  duty  to  ascertain  that  he  is  right  in  his 
statement,  and  I  say  after  examining  this  testimony,  that  there  is  not  any  portion  of  it 
which  shows  any  connection  of  Perkins  with  Gilroy,  Budd,  Casey,  or  any  other  person 
whose  name  is  in  any  one  of  these  bills  as  a  party  sent  away,  or  enlisted.  If  I  am 
right  in  this  statement  of  the  testimony,  there  is  an  end  of  this  indictment,  for  the 
law  requires  that  the  party  charged  be  shown  by  the  evidence,  to  have  acted  in  re¬ 
lation  to  the  particular  crime  which  is  averred  in  the  particular  bill  and  in  relation 
to  the  particular  party,  the  subject  of  the  crime.  You  will,  therefore,  when  you 
take  up  a  bill  remember  this,  and  .nsk  yourselves  whether  Perkins  had  anything  to 


86 


do  with  the  hiring  or  enlisting  of  the  man,  whose  name  is  mentioned  in  it,  if  there 
is  no  evidence  to  show  that  he  had,  you  will  return  a  verdict  of  not  guilty  as  to 
Perkins,  and  as  you  take  up  each  bill,  so  examine  and  declare  upon  it.  As  to  the 
other  defendant  I  have  not  a  word  to  say,  my  friends  on  the  other  side  have  fully  gone 
into  the  case  and  given  you  the  law  and  the  facts  bearing  upon  it. 

There  is  this  principle  which  rests  at  the  basis  of  law,  that  the  crime  must  be 
proved  to  have  been  perpetrated.  Therefore,  so  far  as  the  defendant  Perkins  is  con¬ 
cerned,  consider  him  not  connected  in  this  case  with  the  other  defendant,  but  on  trial 
alone,  and  then  ask  yourself  the  question — did  Mr.  Perkins  do  anything  at  all  to 
enlist  or  get  off  Gilroy  or  any  other  person?  You  will  find  that  the  burden  of  the 
testimony  bears  directly  against  such  a  conclusion  and  shows  that  he  had  nothing  to 
do  with  it.  I  think,  therefore,  that  you  will  be  able  to  arrive  at  your  verdict  readily 
and  without  difficulty.  It  would  be  a  task  of  the  most  painful  character,  if  his 
Honor  after  hearing  the  evidence  in  this  case,  were  to  proceed  to  pass  sentence  on 
this  defendant,  however  indiscreet  in  speech  he  may  have  been,  as  you  can  but  enter¬ 
tain  a  great  doubt  of  his  guilt.  The  law  says  that  if  you  have  a  reasonable  doubt  of 
the  guilt  of  the  person  charged,  such  a  doubt  as  would  arise  in  any  reasonable  mind, 
such  doubt  is  the  safeguard  of  the  defendant,  and  entitles  him  to  an  acquittal.  I  hope 
you  will  have  no  difficulty  in  this  case,  but  that  at  least  you  entertain  a  doubt 
which  favors  the  defendant,  and  will  relieve  his  Honor  from  passing  sentence.  I  ask 
you  to  find  a  verdict  of  not  guilty  as  to  the  defendant  Perkins. 

Jlr.  VAX  DYKE — In  reply,  said  he  would  follow,  with  pleasure,  the  example  of 
his  learned  friends  on  the  opposite  side,  and  briefly  bring  this  protracted  trial  to  a 
close.  He  desired  to  confine  himself  strictly  to  a  reply  to  the  positions  taken  by  the 
counsel  for  the  defendants. 

The  act  of  the  20th  April,  is  one  of  easy  and  simple  construction.  The  learned 
gentleman,  Mr.  Remak,  who  first  addressed  the  Court  in  behalf  of  the  defendants,  is 
wrong,  in  supposing  that  there  have  been  no  judicial  decisions,  which  shed  light 
upon  the  act  of  Congress.  In  1832,  John  D.  Quincy  was  indicted  under  the  third 
section  of  this  act,  for  fitting  out  and  arming  a  vessel,  with  the  intent,  that  such  ves¬ 
sel  shall  be  employed  in  the  service  of  a  foreign  prince.  The  case  went  up  to  the  Su¬ 
preme  Court  of  the  United  States,  and  is  to  be  found  in  sixth  Peter’s  Reports.  It  will 
be  observed,  upon  examination  of  that  case,  the  law  in  reference  to  our  neutrality,  is 
somewhat  different  from  the  general  criminal  law  of  the  country.  The  argument 
there,  made  by  Mr.  Williams  for  the  United  States,  was,  that  these  acts  of  Congress 
should  be  construed  according  to  the  meaning  and  intention  of  Congress,  and  in  sup¬ 
port  of  this  argument,  he  cited,  that  part  of  Judge  Marshall’s  opinion  on  the  penal 
laws  of  the  United  States,  as  reported  in  the  case  of  United  States  vs.  Wiltberger  5, 
Wheaton  95,  “  that,  although  penal  laws  are  to  be  construed  strictly,  they  are  not  to 
be  so  construed,  as  to  defeat  the  obvious  intention  of  the  legislature.  This  argument 
was  answered  in  an  able  manner  by  Mr.  Wirt,  but  Justice  Thompson  delivering  the 
opinion  of  the  court,  said,  ‘it  was  sufficient  to  establish,  by  this  testimony,  the  com¬ 
mittal  of  the  crime,  according  to  the^Zam  meaning  of  the  words  used  in  defining  the 
offence.’  ” 

The  whole  policy  of  our  neutrality  laws  require  a  liberal  construction  of  the  stat¬ 
ute,  if,  indeed,  it  is  to  be  effective  in  preserving  our  neutrality  between  foreign  bel- 
ligerants. 


87 


It  is  also  contended  by  another  counsel  of  Mr.  Hertz,  (Mr.  Cuyler)  that  there 
must  have  been  an  absolute  contract  and  consideration  paid.  This  position  is  not  the 
law,  as  I  understand  it.  The  retaining,  whether  by  coaxing  or  otherwise,  was  suffi¬ 
cient.  The  engaging,  which  is  the  meaning  of  the  word  retaining,  whether  by  means 
of  present  pay,  or  the  promises  of  future  compensation,  is  sufficient. 

But  here  there  was  an  absolute  contract.  This  is  a  question  of  fact  for  the  jury,  and 
if  they  so  find,  any  difficulty  on  the  question  raised  by  the  eloquent  counsel  is  avoided. 
The  conditions  of  the  contract  were  verbal,  and  its  execution  was  consumated  by  the 
signatures  of  the  parties  to  the  roll  book,  each  one  signing  that  book,  clearly  under¬ 
standing  what  he  was'to  do,  and  what  he  would  receive  for  it.  That  contract  stands 
for  all  legal  purposes  in  the  same  position,  as  though  it  had  been  entirely  in  writing, 
and  were  it  not  from  its  very  nature  and  general  character  void,  ab-initio,  could  be  en¬ 
forced  in  any  court  of  common  law,  and  the  bounty  or  pay  mentioned  for  the  services, 
could  be  recovered  from  any  private  contracting  parties.  Debts  and  damages  are 
daily  recovered  upon  agreements,  much  more  carelessly  made.  The  terms  of  the  con¬ 
tract  were,  on  the  one  side,  that  Peter  Muhn  and  William  Budd,  and  a  score  of  others 
engaged  should  go  to  Halifax,  for  the  purpose  of  enlisting ;  and  on  the  other  hand, 
certain  remunerations  was  to  be  paid  them  by  the  defendant’s  principal,  for  the  per¬ 
formance  of  their  part  of  the  agreement. 

The  pay  was  to  be  received,  it  is  true,  after  they  arrived  at  Halifax ;  part  of  that 
pay  was  the  privilege  of  being  received  into  the  Queen’s  service.  They  were,  also,  to  re¬ 
ceive  a  free  ticket  and  passage  to  their  destination.  This  contract  was  considered  so 
binding,  that  one  of  the  witnesses  tells  us,  that  force  would  be  used  at  the  barracks 
to  compel  the  enlistment,  when  there,  and  even  the  poor  privilege  of  repentance  was 
not  allowed  to  the  indisci’ete  and  hasty.  They  were,  also,  to  receive  a  monthly  pay. 
Now,  if  this  is  not  an  absolute  hiring  of  a  party  to  enlist,  then  nothing  is,  and  the  act 
of  Congress  is  a  dead  letter,  and  should  be  repealed. 

Mr.  Cuyler — What  was  it  a  contract  to  do  ? 

Mr.  Van  Dyke — A  contract,  sir,  to  go  beyond  the  limits  of  the  United  States,  with 
the  intent  to  enlist  in  the  British  service.  And,  if  any  doubt  existed,  on  the  question 
of  intent,  such  doubt  is  removed,  by  the  indisputable  fact,  that  the  men  actually  did 
enlist,  and  are,  in  all  probability,  at  this  moment  in  the  Crimea. 

It  is  admitted  that  the  parties  who  make  this  contract  must  be  indicted  in  the  dis¬ 
trict  where  t'ne  contract  is  made,  in  the  place  where  the  parties  are  engaged.  In  a 
ease  which  has  recently  been  tried  before  the  U.  S.  District  Court  for  the  Massachu¬ 
setts  District,  the  case  of  U.  S.  vs.  Lewis  Kazinski,  reported  in  8  Monthly  Law  Beporter, 
p.  254,  the  prosecution  failed  substantially,  because  the  hiring  took  place  in  New 
York,  and  the  trial  was  had  in  Boston,  the  Court  ruling  that  the  expression  of  intent 
made  in  New  York  could  not  be  given  in  evidence,  and  confined  the  prosecution  to 
expressions  of  intent  made  in  the  District  where  the  crime  was  charged  to  have  been 
committed,  and,  the  recruits  on  board  the  vessel  upon  which  they  were  arrested  hav¬ 
ing  expressed  a  different  intent  from  that  expressed  at  the  time  of  hiring  in  New 
York,  the  cause  failed,  amongst  other  reasons,  for  the  want  of  the  proof  of  the  intent 
required  by  the  act.  Exempli  gratia.  To  make  the  case  more  intelligible,  suppose  the 
party  which  left  Philadelphia  on  the  25th  of  March,  in  the  charge  of  Capt.  Strobel,  had, 
after  their  arrival  within  the  limits  of  the  Southern  District  of  New  York,  expressed  their 
intent  to  be  to  go  to  Halifax  to  work  on  the  railroad,  and  Mr.  Strobel,  who  had,  in  fact, 
assisted  to  engage  the  men  in  Philadelphia,  had  been  arrested,  and,  under  the  second 


88 


section  of  act  of  1818,  indicted  in  the  Southern  District,  where  he  happened  to  he 
found  in  charge  with  the  recruits,  and  the  able  prosecuting  ofiScer  for  that  District 
should  offer  to  prove  the  expressions  used  by  the  recruits  in  Philadelphia  as  to  their 
intent  when  arriving  in  Halifax,  the  Court  would  hold  him  to  the  proof  of  expressions 
of  intent  made  in  the  Southern  District  of  New  York,  where  the  offence  of  hiring  and 
engaging  is  charged  to  have  been  committed,  and  particularly  so,  when  the  fact  is 
brought  to  the  knowledge  of  the  Court  that  the  evidence  as  to  the  intent  expressed  in 
the  two  places  differ  most  materially  and  substantially.  Now,  this  was  the  case  of 
the  U.  S.  vs.  Kazinski,  and  for  this  want  of  sufficient  proof  of  the  intent,  in  the  District 
where  the  trial  took  place,  the  defendants  were  acquitted. 

But  this  case  is  important  for  other  reasons.  It  settles  two  of  the  fundamental 
questions  which  must  arise  in  every  prosecution  under  the  second  section  of  this  Act 
of  Congress. 

First.  The  meaning  of  the  term  hiring  or  retaining,  which  is  to  be  construed  in 
their  every  day  acceptation,  and  is  virtually  nothing  more  than  “  engaging” — the 
word  used  by  the  learned  Judge. 

Secondly.  That  the  hiring  must  be  within  the  District  where  the  crime  is  charged 
to  have  been  committed,  and  I  have  shown  that  such  hiring,  so  far  as  it  could  be  con¬ 
summated  anywhere,  was  actually  done  here. 

A  single  word,  in  reply  to  the  remark  of  Mr.  Cuyler,  as  to  the  propriety  of 
prosecuting  this  defendant,  while  persons  of  more  importance  are  permitted  to  pass 
unpunished,  I  agree  with  my  learned  friend  that  it  is  rather  unfair  in  one  sense,  that 
Mr.  Hertz,  the  mere  humble  instrument  of  a  great  nation,  should  suffer  for  the  acts 
of  his  superiors.  But  Mr.  Hertz  was  a  free  agent,  and  acted  voluntarily  in  the  whole 
affair.  He  sought  for  and  obtained  the  position  under  Mr.  Crampton  and  Mr.  Howe, 
which  enabled  him  to  violate  our  law,  and  he  has  no  right  to  complain  if  he  suffers 
the  penalty  of  his  own  wilful  misconduct,  and  it  is  the  duty  of  the  jury,  if  they  be¬ 
lieve  him  guilty,  so  to  find  him.  You  will  also  recollect,  gentlemen,  that  the  prosecu¬ 
tion  of  this  defendant  was  the  only  means  by  which  the  Executive  of  the  United  States 
could  be  best  informed  of  the  impropriety  of  the  conduct  of  those  representatives  of 
the  British  government,  who  have  been  accredited  as  fit  and  honorable  men,  claiming 
peculiar  privileges  near  our  Government.  I  have  no  doubt  that  this  trial  has  furnish¬ 
ed  such  information,  and  that  such  steps  will  be  adopted  as  are  sanctioned  by  inter¬ 
national  law.  But  with  that  you  have  nothing  to  do  here.  Your  only  duty  is  to  im¬ 
partially  inquire  into  the  conduct  of  Mr.  Hertz  and  Mr.  Perkins,  and  to  render  a  fair 
verdict  under  the  evidence.  With  that  verdict,  whatever  it  may  be,'!  shall  have  no 
complaint  to  make. 


Mr.  Van  Dyke  having  concluded,  Hon.  JOHN  K.  KANE,  charged  the 
J ury  as  follows  : 

I  intended,  gentlemen  of  the  Jury,  when  we  separated,  to  avail  myself  of 
the  leisure  afforded  me  to  put  my  charge  in  writing,  but  I  have  been  pre¬ 
vented  by  controlling  circumstances  from  doing  so,  and  my  remarks  to  you 
therefore,  will  be  less  closely  connected  perhaps,  though  I  trust  they  will  not 
be  on  that  account,  less  intelligible  and  clear. 


89 


The  case  has  involved,  in  its  progress,  a  train  of  facts  of  very  considerable 
political  interest — perhaps  of  more  general  interest  in  that  aspect  of  it,  than 
in  its  bearing  on  the  questions  which  are  to  be  decided  by  your  verdict.  There 
are  very  few  among  us,  probably  none,  who  have  not  felt  aggrieved  at  the 
tone  with  which  the  press  of  foreign  countries,  and  occasionally  of  foreign 
statesmen  of  the  day,  have  commented  upon  what  they  have  been  pleased 
to  call  over  alacrity  of  the  American  people  to  engage  in  military  contro¬ 
versies  in  which  they  properly  had  no  rightful  part.  Our  people  and  our 
government  have  been  accused  of  forgetting  the  obligations  of  neutrality, 
and  pushing  ourselves  forward  into  the  conflicts  of  foreign  nations,  instead 
of  minding  our  own  business  as  neutrals  and  leaving  belligerents  to  fight  out 
their  own  quarrels.  For  one,  I  confess  that  I  felt  surprised,  as  this  case 
advanced,  to  learn,  that  during  the  very  time  that  these  accusations 
were  fulminated  against  the  American  people  by  the  press  of  England, 
there  was,  on  the  part'  of  eminent  British  functionaries  here,  a  series 
of  arrangements  in  progress,  carefully  digested,  and  combining  all  sorts  of 
people,  under  almost  all  sorts  of  influences,  to  evade  the  laws  of  the  United 
States  by  which  our  country  sought  to  enforce  its  neutrality ;  arrangements 
matured,  upon  a  careful  inspection  of  the  different  sections  of  our  statutes, 
ingeniously  to  violate  their  spirit  and  principle  without  incurring  their 
penalty,  and  thus  enlist  and  send  away  soldiers  from  our  neutral  shores  to 
fight  the  battles  of  those  who  were  incontinently  and  not  over  courteously 
admonishing  us  to  fulfil  the  duties  of  neutrality. 

I  allude  to  these  circumstances,  and  this  train  of  thought,  gentlemen,  not 
because  it  is  one  that  should  influence  your  action  as  jurors,  but  because  I 
feel  it  my  duty  to  guard  you  against  its  influence.  The  question  which  you 
have  to  decide  is  not  whether  there  has  been  an  effort  on  the  part  of  any 
foreign  functionary  to  evade  the  provisions  of  our  acts  of  Congress,  but 
whether  these  two  defendants  have  or  have  not  violated  the  provisions  of  the 
act  of  Congress,  which  are  cited  in  these  bills  of  indictment ;  your  verdict 
will  respond  to  the  simple  question,  are  these  two  men  guilty  of  the  crime 
with  which  they  are  charged. 

In  order  that  my  remarks  may  not  hereafter  be  embarrassed  by  the  neces¬ 
sity  of  using  the  plural  when  the  singular  is  more  appropriate,  I  will  say  to 
you,  at  the  outset,  that  there  is  no  evidence  against  one  of  these  defendants. 
Before  a  jury  can  properly  convict  an  individual  of  a  crime,  they  must  be 
satisfied,  by  clear  evidence,  that  the  crime  has  been  committed  by  some  one. 
"We  have  no  statute  which  affects  to  punish  braggart  garrulity;  and,  unless 
the  particular  offence  of  enlisting  certain  definite  persons  has  been  committed 
by  Perkins,  one  of  the  defendants,  though  he  may  have  proclaimed  upon  the 
house-tops  that  he  has  recruited  armies  innumerable,  no  jury  can  properly 
convict  him  of  the  offence  he  professes  to  have  engaged  in. 


90 


I  pass  to  the  consideration  of  the  case  of  the  defendant,  Hertz.  He  stands 
indicted,  sometimes  jointly  with  an  other,  sometimes  alone,  with  the  offence 
of  having  hired  and  retained  certain  persons  to  go  out  of  the  United  States, 
for  the  purpose  of  enlisting  and  entering  themselves  as  soldiers  in  the  service 
of  a  foreign  prince,  state,  or  territory. 

The  act  of  Congress  is  in  these  words — I  read  the  words  material  to  the 
question,  leaving  out  those  which  apply  to  a  different  state  of  circumstances. 

“  If  any  person  shall,  within  the  territory  of  the  United  States,  hire  or 
retain  any  person  to  go  beyond  the  limits  of  the  United  States,  with  the 
intent  to  he  enlisted  in  the  service  of  a  foreign  prince,  he  shall  be  deemed 
guilty  of  a  high  misdemeanor.” 

The  question  which  you  have  to  pass  upon  is — did  Henry  Hertz  hire  or 
retain  any  of  the  persons  named  in  these  bills  of  indictment  to  go  beyond 
the  limits  of  the  United  States,  with  the  intent  to  be  enlisted  or  entered  in 
the  service  of  a  foreisju  State. 

Did  he  hire  or  retain  a  person  ?  Whatever  he  did  was  within  the  terri¬ 
tory  of  the  United  States. 

The  hiring  or  retaining  does  not  necessarily  include  the  payment  of  money 
on  the  part  of  him  who  hires  or  retains  another.  He  may  hire  or  retain  a 
person,  with  an  agreement  that  he  shall  pay  wages  when  the  services  shall 
have  been  performed.  The  hiring  or  retaining  a  servant  is  not  generally 
by  the  payment  of  money,  in  the  first  instance,  but  by  the  promise  to  pay 
money  when  the  services  shall  have  been  performed  •,  and  so  a  person  may 
be  Jared  or  retained  to  go  beyond  the  limits  of  the  United  States,  with  a 
certain  intent,  though  he  is  only  to  receive  his  pay  after  he  has  gone  beyond 
the  limits  of  the  United  States  with  that  intent. 

Moreover,  it  is  not  necessary  that  thov  consideration  of  the  hiring  shall 
be  money.  To  give  to  a  person  a  railroad  ticket,  that  cost  §4,  and  board  and 
lodge  him  for  a  week,  is  as  good  a  consideration  for  the  contract  of  hiring, 
as  to  pay  him  the  money  with  which  he  could  buy  the  railroad  ticket  and 
pay  for  his  board  himself.  If  there  he  an  engagement  on  the  one  side  to 
do  the  particular  thing,  to  go  beyond  the  limits  of  the  United  States  with 
the  intent  to  enlist,  and  on  the  other  side  an  engagement,  that  when  the  act 
shall  have  been  done,  a  consideration  ahall  be  paid  to  the  party  performing 
the  services,  or  doing  the  work,  the  hiring  and  retaining  are  complete. 

The  meaning  of  the  law  then,  is  this  :  that  if  any  person  shall  engage, 
hire,  retain  or  employ  another  person  to  go  outside  of  the  United  States  to 
do  that  which  he  could  not  do  if  he  remained  in  the  U  nited  States,  viz :  to 
take  part  in  a  foreign  quarrel ;  if  he  hires  another  to  go,  knowing  that  it  is 
his  intent  to  enlist  when  he  arrives  out;  if  he  engages  him  to  go  because  he 
has  such  an  intent,  then  the  ofi'ence  is  complete  within  the  section.  Every 
resident  of  the  United  States  has  the  right  to  go  to  Halifax,  and  there  to 


enlist  in  any  army  that  he  pleases ;  hut  it  is  not  lawful  for  a  person  to 
engage  another  here  to  go  to  Halifax  for  that  purpose.  It  is  the  hiring  of 
the  person  to  go  beyond  the  United  States,  that  person  having  the  intention 
to  enlist  when  he  arrives  out,  and  that  intention  known  to  the  party  hiring 
him,  and  that  intention  being  a  portion  of  the  consideration,  because  of 
which  he  hires  him,  that  defines  the  offence. 

I  believe,  that  after  making  this  comment  upon  the  law,  I  might  pass  on 
to  the  fact ;  but  it  occurs  to  me  to  add,  that  you  are  not  to  require  proof  of 
the  connexion  of  the  defendant  with  each  particular  fact  and  circumstance 
which  has  been  given  in  evidence,  to  show  the  working  out  of  the  general 
plan. 

If  you  believe  the  witnesses,  the  object  here  was  to  effectuate  an  enlist¬ 
ment  beyond  the  borders  of  the  United  States,  and  yet  escape  from  the  pro¬ 
visions  of  this  section  ;  to  do  effectively  and  yet  not  seem  to  do.  If  you  are 
satisfied,  no  matter  what  was  the  avowed  object  of  the  party,  no  matter  what 
the  pretext,  if  you  are  satisfied  that  Henry  Hertz  was  here  engaged  in 
hiring  and  retaining  men  to  go  off  to  Nova  Scotia,  there  to  enlist,  that  being 
their  intention,  and  he  believing  that  it  was  so,  and  therefore  hiring  them  ; 
then,  no  matter  what  was  the  costume  or  mask  which  the  transaction  wore, 
he  has  committed  the  offence  charged  in  the  bill  of  indictment. 

As  to  the  evidence,  gentlemen,  you  have  listened  to  it  very  carefully,  and 
it  has  been  commented  upon  abundantly.  I  do  not  know  that  it  is  my 
duty  to  detain  you  by  a  single  remark  on  it.  It  is  all  on  one  side.  Whether 
it  establishes  the  fact  is  for  you  to  judge.  The  enlistment  neccessarily  in¬ 
cludes  the  action  of  different  parties ;  the  concert  between  them  is  to  be 
inferred  from  their  acts.  The  intention  of  the  party,  engaged  or  retained 
to  enlist,  is  to  be  gathered  from  his  conduct  and  declaration  here,  from  his 
conduct  after  he  reaches  the  foreign  country,  and  from  the  action  of  third 
persons  with  whom  he  perfects  the  enlistment  that  he  may  have  contracted 
for  here.  You  are,  therefore,  while  looking  primarily  at  the  conduct  of 
Hertz,  to  look  also  at  the  actions  of  others  tending  to  the  same  objects;  and 
if  you  judge  that  they  were  actually  in  concert  with  him,  then  all  their  acts, 
done  in  pursuance  of  the  common  purpose  and  plan  are  to  be  regarded  as  his. 

With  these  remarks,  I  leave  the  case  in  your  hands. 

At  the  conclusion  of  the  Judge’s  charge,  the  Jury  retired  and  returned 
in  about  15  minutes.  On  taking  their  seats,  the  Clerk  of  the  Court,  in 
the  usual  form,  put  the  question — “  Gentlemen  of  the  Jury,  have  you  con¬ 
cluded  upon  your  verdict  V’  To  which  the  Foreman  replied — “  We  have.” 

Clerk — How  say  you,  guilty  or  not  guilty  ? 

Foreman — Guilty  as  to  Henry  Hertz,  in  manner  and  form  as  he  stands 
indicted  on  all  the  bills  of  indictment;  as  respects  Emanuel  C.  Perkins, 
not  guilty. 

The  Jury  were  then  discharged.  Sentence  deferred  for  the  present. 


92 


And  now,  September  29tb,  1855,  Theodore  Cuyler,  Esq.,  and  Stephen 
Remak,  Esq.,  for  Mr.  Hertz,  move  for  a  rule,  for  a  new  trial,  and  by  leave  of 
Court,  file  the  following  reasons. 


UNITED  STATES 

vs. 

HENRY  HERTZ. 


In  the  District  Court  of  the  United  Statets,  sur 
indictment  for  unlawful  enlisting,  &c. 


1.  That  the  learned 'Judge  erred  in  admitting  in  evidence,  proof  of  the 
acts  and  declarations  of  other  persons,  done  and  said  in  the  absence  of 
defendant. 

2.  The  learned  Judge  erred  in  his  construction  of  the  language  and 
meaning  of  the  Act  of  Congress,  1818,  under  which  these  indictments  are 
framed.  That  he  held  and  so  instructed  the  jury,  that  the  words  ‘‘hire  or 
retain,”  employed  in  said  Act,  would  be  satisfied  by  less  than  an  absolute 
contract,  founded  upon  sufficient  consideration,  and  capable  of  legal  enforce¬ 
ment,  if  the  srme  were  not  made  unlawful  by  the  provisions  of  said  Act. 

3.  The  weight  of  the  evidence  was  dearly  and  decidedly,  that  no  person 
was  “hired  or  retained  to  enlist,  or  to  leave  the  United  States,”  with  intent 
to  enlist,  but  the  several  persons  sent  to  Halifax  were  engaged  to  go,  and 
were  sent  there  with  the  distinct  understanding  that  they  were  there  to 
determine  whether  they  would  or  would  not  enlist,  and  were,  until  then, 
entirely  free  and  at  liberty,  bound  by  no  contract  or  engagement,  and  there¬ 
fore  having  no  intent,  &c.,  within  the  meaning  of  the  Act  of  Congress. 

4.  The  verdict  was  against  the  evidence,  and 

.5.  The  verdict  was  against  the  law. 

Theodoke  Ctjyler. 

Stephen  S.  Remak. 

And  now,  October  12th,  1855,  the  motion  for  a  rule  for  new  trial,  coming 
on  before  Hon.  John  K.  Kane,  is  argued  by  Theodore  Cuyler,  Esq., 
and  Stephen  S.  Remak,  Esq.,  for  the  motion,  and  the  same  being  denied, 
and  new  trial  refused. 

Mr.  Van  Dyke  said — The  motion  of  the  defendant  for  a  new  trial  being 
refused,  I  ask  leave  to  present  to  this  Court,  the  confession  which  has  been 
made  to  me  by  the  defendant,  Henry  Hertz. 

This  prosecution  has  not  been  merely  local  in  its  tendencies,  nor  the  in¬ 
fluence  of  its  results,  likely  to  be  confined  to  the  sphere  of  an  ordinary  pro¬ 
secution  in  this  district.  Its  results  are  of  a  far  more  extended  importance. 

The  disclosures  made  in  the  progress  of  this  cause,  may  be  the  ground 
work  of  an  important  step  on  the  part  of  the  Federal  Government,  in  rela¬ 
tion  to  those  who  have  been  instrumental  in  producing  that  system  of  in¬ 
terference  with  our  affairs  which  have  formed  the  basis  of  this  prosecution. 


98 


I  am  permitted  to  say,  that  the  trial  which  has  just  resulted  in  the  convic¬ 
tion  of  this  defendant,  was  authorized  by  the  National  Executive,  and  before 
making  the  motion  which  I  intend  to  submit  to  your  Honor,  I  beg  leave  to  , 
read  the  instructions  which  I  have  received  in  relation  to  this  trial. 

Being  aware  that  the  system  of  enlistments  had  been  effectually  broken 
up  by  the  prompt,  execution  of  the  warrants  which  I  had  caused  to  be  issued 
for  the  arrest  of  various  parties,  and  by  the  efficient  aid  which  Mr.  Wynkoop, 
the  Marshal  of  this  District,  and  his  officers,  had  otherwise  furnished  me  in 
ferreting  out  the  system  adopted  for  the  evasion  of  our  laws,  I  had  supposed 
there  might  not  be  any  urgent  necessity  in  pressing  the  prosecution  of  the 
defendants  who  have  just  been  tried,  and  bad  written  to  the  Attorney  General 
of  the  United  States,  asking  whether  it  was  the  desire  of  the  Administration 
further  to  press  these  prosecutions  :  to  which  I  received  the  answers  dated 
September  13th,  1855,  and  also  the  letter  dated  September  17th,  1855, 
both  of  which  I  shall  take  the  liberty  of  reading  to  the  court. 

Mr.  Yan  Dyke  read  the  letters  as  follows : 

Attorney  General’s  Office,  ] 
September  12,  1855.  j 

Sir:— T’In  reply  to  your  letter  of  the  10th  inst.,  on  the  subject  of  the 
indictments  pending  against  persons  charged  with  recruiting  for  the  military 
service  of  Great  Britain,  I  have  the  honor  to  make  the  following  observations. 

Mr.  McKeon  has  been  advised  of  the  desirableness  of  conferring  with  you 
personally,  either  by  himself  or  his  assistant,  in  regard  to  new  evidence,  to 
which  he  may  have  access,  and  which  can  be  useful  to  you. 

I  suggest  the  expediency  of  trying  ov\j  a  part  of  the  cases  now,  especially 
if  you  fail  to  convict  in  some  leading  case. 

But  the  most  important  consideration  is  this  : 

This  Government  has,  of  course,  addressed  to  that  of  Great  Britain,  such 
demands  of  public  redress  and  satisfaction  in  the  premises,  as  the  national 
honor  requires.  But  the  Government  of  Great  Britain,  with  extraordinary 
inattention  to  the  grave  aspect  of  its  acts,  namely,  the  flagrant  violation  of 
our  sovereign  rights  involved  in  them,  has  supposed  it  a  sufficient  justifica¬ 
tion  of  what  it  has  done,  to  reply,  that  it  gave  instructions  to  its  agents,  so 
to  proceed,  as  not  to  infringe  our  municipal  laws;  and  it  quotes  the  remarks 
of  Judge  Kane  in  support  of  the  idea  that  it  has  succeeded  in  this  purpose. 

It  may  be  so.  Judge  Kane  is  an  upright  and  intelligent  judge,  and  will 
pronounce  the  law  as  it  is,  without  fear  or  favor.  But  if  the  British  Govern¬ 
ment  has,  by  ingenious  contrivances,  succeeded  in  sheltering  its  agents  from 
conviction  as  malefactors,  it  has,  in  so  doing,  doubled  the  magnitude  of  the 
national  wrong,  inflicted  on  the  United  States. 

This  Government  has  done  its  duty  of  internal  administration  in  prosecu¬ 
ting  the  individuals  engaged  in  these  acts.  If  they  are  acquitted,  by  reason 


94 


of  a  deliberate  undertaking  of  the  British  Government,  not  only  to  violate, 
as  a  nation,  our  sovereign  rights  as  a  nation,  hut  also  to  evade  our  municipal 
laws — and  that  undertaking  shall  he  consummated  by  its  agents  in  the  United 
States — when  all  this  shall  have  been  judicially  ascertained,  the  President 
will  then  have  before  him  the  elements  of  decision,  as  to  what  international 
action  it  becomes  the  United  States  to  adopt  in  so  important  a  matter. 

I  am,  very  respectfally, 

C.  CUSHING. 

Jas.  C.  Van  Dyke,  Esq.,  U.  S.  Attorney,  Phila. 

.  Attorney  General’s  Office, 

17th  September,  1855. 

Sir — I  desire  to  make  a  further  suggestion  in  regard  to  the  trial  of  par¬ 
ties  charged  with  recruiting  soldiers  in  the  United  States  for  the  service  of 
the  British  Government. 

It  is  known  that  instructions  on  this  subject  were  given  by  that  Govern¬ 
ment  to  its  officers  in  the  United  States.  We  are  told  by  Lord  Clarendon 
that  those  officers  had  “  stringent  instructions  ”  so  to  proceed  as  not  to  violate 
the  municipal  law — that  is,  to  violate  its  spirit,  but  not  its  letter.  If  so, 
the  instructions  themselves  violate  the  sovereign  rights  of  the  United  States. 

But,  in  the  meantime,  every  Consul  of  Great  Britain  in  the  United  States 
is,  by  the  avowal  of  his  Government,  subject  to  the  just  suspicion  of  breach 
of  law;  while,  apparently,  he  must  either  have  disobeyed  his  own  Govern¬ 
ment,  or,  in  obeying  it,  have  abused  his  consular  functions  by  the  violation 
of  his  international  duty  to  the  United  States. 

In  these  circumstances,  it  is  deemed  highly  necessary  that  the  British 
Consul  at  Philadelphia,  or  any  other  officer  of  the  British  Government,  shall 
not  be  suffered  to  interfere  in  the  trials,  as  he  attempted  to  do  on  a  previous 
occasion ; — that  no  letter  of  his  be  read,  except  in  the  due  foi'm  of  evidence, 
and  that  if  he  have  anything  to  say,  he  shall  be  put  on  the  stand  by  the  de¬ 
fence,  in  order  that  he  may  be  fully  cross-examined  by  the  prosecution. 

It  is  clear  that  he  has  no  right,  by  any  rule  of  public  law,  or  of  inter¬ 
national  comity,  to  be  heard  in  the  case  by  the  Court,  otherwise  than  as  a 
witness,  whether  enforced  or  volunteer. 

I  have  the  honor  to  be,  very  respectfully, 

C.  CUSHING. 

Jas.  C.  Van  Dyke,  Esq.,  U.  S.  Attorney,  Phila. 

Your  Honor  will  perceive  that  the  object  in  this  prosecution  has  been  as 
much  to  break  up  the  general  system,  which  had  been  adopted  by  the  British 
Government,  to  violate  our  municipal  laws,  as  it  was  to  punish  those  who 
should  be  found  guilty  as  the  instruments  of  that  Government. 


95 


If  the  present  defendant,  since  his  conviction,  has  contributed  in  any 
manner  to  aid  the  Government  in  this  investigation,  and  that  aid  has  been 
the  result  of  a  sincere  regret  and  repentance  for  his  past  conduct,  it  is,  in 
my  opinion,  but  just  that  he  should  have  the  benefit  of  his  present  conduct 
in  the  sentence  which  your  Honor  may  see  fit  to  pronounce  in  his  case. 

I  therefore  move  that  the  defendant’s  confession  be  read,  anjd  that  it  be 
filed  of  record  among  the  proceedings  in  the  cause — to  be  duly  considered 
by  the  Court,  in  the  judgment  which  may  hereafter  be  pronounced  against 
the  defendant. 


Per  curiam.  Let  the  paper  be  read  and  filed  of  record. 

THE  CONFESSION  IS  AS  FOLLOWS  : 


UNITED  STATES 
vs. 

HENEY  HEETZ. 


In  the  District  Court  of  the  United  States,  in 
and  for  the  Eastern  District  of  Pennsylvania. 


UNITED  STATES, 
Eastern  District  of  Pennsylvania,  ss. 


Be  it  remembered,  tbat  on  this  11th  day  of  October,  A.  D.  1855,  before  me,  Charles 
F.  Heazlitt,  a  Commissioner  of  the  United  States,  personally  came  Henry  Hertz,  who 
being  duly  sworn,  says  : 

That  sometime  in  the  month  of  January,  1865,  I  read  in  the  London  Times  a  notice 
of  the  passage  of  a  resolution  of  the  British  Parliament,  authorizing  the  enlistment  of 
a  Foreign  Legion.  A  day  or  two  afterwards  I  went  to  the  United  States  Hotel,  where 
I  heard  three  or  four  gentlemen  speaking  of  this  country  as  a  place  where  enlistments 
could  best  be  made.  One  gentleman  by  the  name  of  Miller,  pointed  at  me,  as  the 
man  best  fit  for  enlisting  men  for  the  British  service,  because,  as  he  said,  I  am  so 
well  known  among  the  German  and  foreign  population.  One  of  the  gentlemen  sitting 
there  arose  and  said  to  me,  “  I  am  an  English  officer  ;  I  am  not  particularly  engaged 
in  this  matter  now,  but  I  can  tell  you  how  to  embark  in  it  without  running  any  risk, 
and  I  would  be  glad  if  you  would  engage  in  it ;  but  in  order  to  accomplish  this,  it 
is  necessary  for  you  to  go  to  Washington  and  see  Mr.  Crampton,  the  English  Ambas¬ 
sador.” 

From  what  I  learned  afterwards,  the  name  of  the  gentleman  was  Mr.  Bruce 
McDonald.  Two  or  three  weeks  afterwards  I  went  to  Washington,  and  was  introduced 
by  many  gentlemen  by  letters  to  Mr.  Crampton.  I  had  obtained  these  letters  without 
telling  those  gentlemen  the  object  of  my  visit — but  before  delivering  any  of  these 
letters  of  introduction  I  addressed  a  note  to  Mr.  Crampton,  requesting  an  interview 
with  him  ;  that  note  did  not  state  the  object  of  the  interview.  The  principal  object  of 
my  visit  to  Mr.  Crampton  was  to  ascertain  whether  I  could  safely  embark  in  this  en¬ 
terprise.  I  was  stopping  at  Willard’s  Hotel,  and  in  reply  to  my  note,  I  received  the 
note  hereto  annexed,  marked  A.  (C.  F.  H.)  (This  note  has  been  published  in  Mr. 
Strobel’s  testimony,  and  will  be  found,  ante,  at  top  of  page  42.)  After  the  receipt  of 
this  note  I  called  on  Mr.  Crampton,  at  his  residence  ;  it  was  on  Sunday  morning  when 
I  called  ;  1  saw  Mr.  Crampton  ;  he  said  in  substance: — “Your  letters  of  introduction 
assure  me  that  I  may  have  full  confidence  in  you  ;  I  have  not  sufficient  authority  yet 


96 


from  the  Home  Government  with  regard  to  the  matter,  but  I  expect  early  authority 
from  Lord  Clarendon.  I  have  already  received  a  letter  from  Lord  Clarendon,  inquir¬ 
ing  how  many  men  might  be  enlisted  in  this  country  for  British  service,  and  what  the 
United  States  Government  would  think  of  such  an  attempt.  I  can  tell  you  this  ;  that 
if  you  embark  in  this  matter  you  can  make  a  great  deal  of  money  ;  if  procuring  of 
men  for  the  English  service  should  be  undertaken,  it  will  be  very  advantageous  to 
you ;  but  I  expect  a  letter  from  Lord  Clarendon  by  the  next  steamer,  which  may  be 
expected  in  eight  or  ten  days,  giving  me  full  explanations  and  instructions  how  the 
matter  is  to  be  conducted.”  In  this  conversation  he  had  reference  to  enlistments  in 
this  country  for  the  Crimean  war.  He  stated  that  he  had  answered  Lord  Clarendon’s 
first  letter,  and  that  the  letter  he  expected  was  in  reply  to  his  answer.  He  did  not 
state  the  contents  of  his  answer  to  Lord  Clarendon’s  letter.  He  then  said,  “I  have 
nothing  more  to  tell  you  to-day,  but  when  I  receive  Lord  Clarendon’s  letter  I  will 
write  to  you.”  I  returned  to  Philadelphia,  and  should  have  thought  nothing  more  of 
the  subject,  but  about  the  6th  of  February,  1855,  1  received  a  letter  from  Mr.  Cramp- 
ton,  through  the  Post  Office,  which  letter  is  hereto  annexed,  marked  B,  (C.  F.  H.  The 
letter  referred  is  published  ante,  second  letter  on  page  42.)  I  sent  him  a  telegraphic 
despatch,  that  I  was  too  much  engaged  to  come  to  Washington  now,  but  that  I  would 
call  upon  him  at  Washington  as  soon  as  my  time  would  permit  it. 

I  went  some  days  afterwards,  say  three  or  four  days,  to  Washington,  and  saw  Mr. 
Crampton  at  his  private  residence ;  he  was  indisposed.  I  told  him  I  had  received 
his  letter  and  desired  to  know  what  I  had  to  do.  Mr.  Crampton  replied — “I  have 
received  a  letter  from  Lord  Clarendon,  which  contains  the  statement  that  the  British 
Government  has  made  arrangements  to  establish  depots  at  some  place  in  Canada,  on 
the  frontier  of  the  United  States,  in  order  to  receive  the  men  who  may  be  procured 
in  the  United  States.  In  pursuance  of  this  information,  I  have  sent  my  special  mes¬ 
senger  to  the  Governor  General  of  Canada  and  to  the  Commanding  General  of  the 
troops  in  Canada,  (whose  name  I  believe  is  Boy,)  requesting  them  to  designate  the 
places  where  depots  may  be  established  for  the  reception  of  persons  who  may  be  pro¬ 
cured  in  the  United  States.”  I  informed  Mr.  Crampton  that  I  had  incurred  expenses 
already  by  coming  twice  to  Washington,  and  that  I  would  have  to  waste  more  time 
until  the  messenger  returned,  and  that  I  would  have  to  neglect  my  business ;  I  there¬ 
fore  requested  him  to  refund  to  me  the  expenses  already  incurred  by  me.  Mr.  Cramp¬ 
ton  replied.  “  I  have  at  present  no  money  at  my  disposal,  and  have  no  authority  to 
give  you  any,  but  I  am  certain  you  will  be  paid  not  only  for  your  services,  but  that 
your  expenses  will  be  repaid  to  you.  I  asked  Mr.  Crampton  what  was  to  be  done  ? 
How  is  the  matter  to  be  conducted?  he  said,  “as  far  as  I  know  there  is  a  law  in  the 
United  States,  forbidding  the  enlisting  of  soldiers  within  the  Territory  of  the  United 
States — it  is,  however  not  difficult  to  evade  this  law,  because  who  can  prevent  you 
from  sending  laborers  to  Canada,  but  we  must  take  care  to  do  this  in  such  a  way 
that  it  shall  not  appear  in  defiance  of  the  Government.  My  idea  is  further,  that  if 
you  have  25  or  30  men  together,  that  either  yourself  or  some  other  confidential  per¬ 
son  should  take  them  direct  by  railroad  to  hlontreal,  where,  I  think,  a  depot  may  be 
erected.”  I  then  asked  him  “when  do  you  think  this  matter  will  commence?  ”  Mr. 
Crampton  said,  “I  cannot  say  precisely  yet,  because  my  messenger  will  perhaps  be 
prevented  from  returning  to  Washington  very  soon,  as  the  roads  are  obstructed  by 
ice  and  snow.  It  is  possible  that  he  will  call  on  you  at  Philadelphia  on  his  return 
from  Canada,  and  will  give  you  the  necessary  information.  In  the  mean  time  you 


97 


may  call  on  our  Consul,  Mr.  Matthew,  in  Philadelphia,  and  he,  Mr.  M.,  will  proha- 
bly  be  able  to  give  you  the  necessary  instruction.”  The  conversation  with  regard 
to  the  procuring  men  was  finished,  but  I  reverted  again  to  the  law  bearing  upon  the 
subject.  I  asked  him  “  how  am  I  backed  in  case  a  charge  is  made  against  me — I 
have  a  wife  and  children.” 

Mr.  Crampton  replied,  “  first,,  that  the  law  was  exceeding  lax — and  secondly,  that 
if  anything  should  happen,  the  British  Government  would  not  allow  any  one  to  suffer 
who  had  been  engaged  in  assisting  them  in  furnishing  the  men.”  I  replied  that  “the 
popular  voice  is  against  this  matter,”  but  Mr.  Crampton  said  “never  mind  about  this 
popular  voice ;  if  a  house  in  Liverpool  fails,  the  whole  United  States  trembles.” 
After  Mr.  Crampton  had  given  me  such  assurances,  and  had  used  the  expression  “  I 
give  you  my  word  as  a  gentleman  that  nothing  unpleasant  shall  happen  to  you,”  I 
then  made  up  my  mind  to  act  for  the  British  Government.  Before  I  left,  Mr.  Cramp¬ 
ton  assured  me  that  he  would  send  a  man  to  my  house  in  Philadelphia,  who  would 
make  such  arrangements  with  me  as  would  enable  me  to  procure  men,  and  send  them 
to  their  destination.  I  then  returned  to  Philadelphia,  and  waited  ten  days,  without 
hearing  anything  of  the  matter.  I  called  then  on  Mr.  Matthew,  the  British  consul, 
in  this  city.  Mr.  Matthew  received  me  very  politely,  and  informed  me  that  he  was 
just  reading  a  letter  from  Mr.  Crampton,  in  which  my  name  is  mentioned.  He  fur¬ 
ther  said,  “We  (speaking  of  his  government)  are  very 'anxious  to  procure  men;  but 
alas !  we  have  not  received  any  instructions  from  Canada  as  to  where  the  depots  are 
to  be  erected — however,  we  expect  every  day  and  every  hour  the  return  of  the  mes¬ 
senger.”  About  three,  four  or  five  days  after  that,  I  visited  Mr.  Matthew  again — 
he  then  said  to  me,  I  would  advise  you  to  go  down  to  Washington  again,  for,”  said  he 
“although  I  do  not  know  of  any  of  the  particulars  of  the  case;  yet  I  have  no  doubt 
Mr.  Crampton  does,  and  can  give  you  all  the  information  necessary.”  This  was 
about  the  15th  of  February.  I  went  to  Washington  again,  and  saw  Mr.  Crampton, 
though  he  was  indisposed.  All  that  I  could  learn  from  him  was  that  in  a  week  or 
two  he  would  send  a  man  to  my  house  in  Philadelphia — this  man  he  said  he  expected 
would  be  sent  from  the  Government  in  Canada  to  my  hbuse,  with  instructions  and 
means  for  the  recruiting  of  men  in  this  country.  In  this  conversation  Mr.  Crampton 
also  stated  to  me,  that  if  I  should  get  into  any  difficulty,  I  should  employ  eminent 
counsel.  He  also  said  that  so  far  as  he  could  ascertain,  the  Government  of  the 
United  States  would  not  interfere  in  the  matter.  I  must  distinctly  aver  that,  in  par¬ 
ticular  this  last  statement  and  representation  on  the  part  of  Mr.  Crampton,  gave  me 
such  full  assurance  that  I  did  not,  for  one  moment,  think  it  possible  that  I  could  be 
charged  with  a  misdemeanor  or  crime.  I  thought  that  the  matter  had  been  privately 
arranged  between  the  United  States  and  the  English  Government,  Mr.  Crampton  .en¬ 
deavored  to,  and  did,  leave  that  impression  on  my  mind.  I  was  led  so  to  believe  from 
what  Mr.  Crampton  said  to  me.  I  returned  to  Philadelphia,  and  in  about  a  week 
afterwards,  on  returning  home  from  my  office  one  day,  my  wife  handed  me  a  slip  of 
paper,  on  which  was  written  “Joseph  Howe,  Jones’  Hotel,  Parlor  No.  1.” — 
She  stated  that  the  gentleman  whose  name  was  on  the  paper  called  and  spent 
with  her  two  hours  waiting  for  me.  After  dinner  on  the  same  day,  I  called 
on  Mr.  Howe  at  his  hotel — and  saw  him — he  asked  my  name  which  I  gave  him. — 
He  said  he  was  extremely  glad  to  see  me,  as  his  time  for  staying  in  Philadelphia  was 
very  limited,  that  he  had  to  go  to  New  York  and  Boston,  where  his  agents  expected 
to  see  him  in  a  few  days ;  I  asked  him  what  authority  he  had  for  engaging  me  to 

7 


98 


enlist  men  for  tbe  Foreign  Legion ?  lie  answered,  “lam  authorized  by  the  Governor, 
Sir  Gaspard  Ih  Marchant,  of  Nova  Scotia,  who,  in  accordance  with  instructions  from 
the  English  Government,  is  the  only  man  who  had  control  of  the  Enlisting  Service  for 
the  Foreign  Legion,  and  the  especial  control  over  the  depot  in  Halifax,  established  for 
the  men  procured  in  the  United  States.”  I  told  him  this  is  all  very  well,  but  I  have 
not  the  pleasure  of  knowing  the  governor.  He  answered  me,  “Mr.  Crampton  has  given 
me  your  direction,  and  recommended  you  as  a  man  in  whom  I  can  place  full  confidence.” 
I  answered  him  “  that  I  would  believe  anything,  but  I  should  like  to  see  some  docu¬ 
ments  from  Mr.  Crampton.”  He  said  “  I  am  sorry  that  I  cannot  show  you  such  at 
present,  as  the  only  document  I  have  received  from  Mr.  Crampton  was  an  introduction 
to  Mr.  Matthew,  and  that  letter  I  have  already  delivered.”  I  said  I  would  be  satis¬ 
fied  if  Mr.  Matthew  would  corroborate  his  statement,  and  then  I  would  be  willing  to 
act  on  his  proposition.”  He  asked  me  to  see  him  again  the  next  morning  at  9  o’clock. 
1  called  at  9  o’clock  the  next  day,  and  met  there  Captain  Ptumberg,  Lieut.  Van  Essen 
and  another  gentleman  by  the  name  of  Link,  a  friend  of  Mr.  Van  Essen.  Mr.  Howe 
introduced  me  to  those  gentlemen,  who  I  knew  before,  but  had  never  any  conversation 
with  them  about  the  recruiting  business.  He,  Mr.  Howe,  said  “  Gentlemen,  I  suppose 
you  know  Mr.  Hertz  ;  he  is  the  only  confidential  Agent  for  the  State  of  Pennsylvania  to 
get  men  for  the  Foreign  Legion.”  I  said  to  him,  “I  have  not  got  so  far  yet,  and  stand 
upon  my  demand  of  yesterday  ;  referring  to  his  statements  being  corroborated — 
He  said,  “that  is  all  right,  that  gentleman,”  meaning  Mr.  Matthew,  “knows  you  al¬ 
ready.’’ 

This  interview  was  on  the  13th  March.  He  said,  “I  am  glad  to  jhear  that  Mr. 
Matthew  has  made  all  inquiry  about  your  character,  and  feels  fully  satisfied.”  ]\Ir. 
Howe  then  said  to  Mr.  Eumberg,  “  that  he  would  get  a  Colonelship,  and  Van  Essen 
a  Captaincy,  and  told  me  by  all  means  to  send  off  those  men  (Mr.  Rumberg  and  Van 
Essen,)  with  the  first  transport,  in  that  capacity.  I  answered  “that  if  I  was  satisfied 
I  would  do  so.”  He  bowed  to  these  gentlemen,  and  begged  to  be  excused,  as  he  wished 
particularly  to  speak  with  me  alone.  They  went  away.  Mr.  Howe  then  said,  “I  have 
heard  from  Mr.  Crampton,  that  you  are  a  man  of  limited  means  ;  and  as  means  are 
necessary,  he  could  furnish  me  with  any  amount.”  I  told  him  I  wanted  £250  to  £300 
to  start  with.  He  answered  that  is  only  a  trifle.  You  need  not  be  economical,  as 
money  was  no  object  at  all — I  cannot  give  you  more  than  $300  at  present,  as  I  have 
drafts  on  different  places,  which  I  will  put  in  the  hands  of  one  man,  and  this  man 
would  get  authority  from  me  to  furnish  you  with  the  means  you  want.”  “That 
it  would  be  necessary  to  get  men  as  quick  as  possible,  and  for  this  purpose  I 
think  it  would  be  best  to  insert  some  advertisements  in  the  German  papers,  and 
in  the  English  papers  that  are  most  read  by  the  Irish  population,  who  are  Her 
British  Majesty’s  subjects.”  I  asked  him  what  he  meant  to  insert  or  advertise 

_ if  iie  thought  it  proper  that  I  should  call  for  volunteers,  he  said  “  that  will 

not  do,  but  I  will  write  you  an  advertisement  which  you  may  insert  immediately 
without  running  anyrisk.”  He  wrote  this  paper  (hereto  annexed  marked  C.  C.  F.  H.) 
_ This  paper  is  the  original  proclamation  published  ante  on  page  41)  in  my  pres¬ 
ence,  and  delivered  it  into  my  hands.  He  also  wrote  a  contract  for  me  to  sign,  in 
which  I  acknowledged  myself  to  be  a  referee  for  the  Governor  of  Nova  Scotia,  and 
was  willing  to  send  men.  I  was  to  receive  $8  for  each  man  sent  to  Halifax,  and  extra 
for  each  man  that  was  competent  to  be  an  officer — £4  extra.  And  for  Sergeants  I 
was  to  receive  $4  extra.  I  did  not  know  at  the  time  that  this  contract  was  illegal. 


99 


and  liave  never  received  anything  for  any  services  I  rendered  Mr.  Hoive.  Mr.  Howe 
stated  in  this  conversation,  in  the  presence  of  Kumberg,  Van  Essen  and  Link,  that  Mr. 
Crampton  had  given  him  the  direction  of  each  of  us,  referring  to  E-umberg,  Van 
Essen  and  myself,  as  the  only  persons  with  whom  he  was  to  confer  in  this  city,  and 
that  Eumbergand  Van  Essen  has  been  highly  recommended  to  Mr.  Crampton  by  some 
French  Ambassador. 

He  then  went  to  his  writing  desk,  took  $300  out,  and  was  handing  them  to  me.  I 
told  him,  “I  do  not  take  any  money- from  you.”  I  had  so  told  him  once  before — as 
I  actually  wanted  the  money  through  the  hands  of  Mr.  Matthews.  I  was  at  this  time 
still  doubtful  whether  I  should  embark  in  this  enterprise,  as  all  I  have  been  stating 
now  was  mere  conversation — and  I  had  not  done  anything  at  all  that  could  make  me 
liable  in  any  shape  or  form.  I  desired  to  test  the  question  whether  I  should  act  or 
not,  thinking  that  Mr.  Matthew  would  not  play  any  part  in  this  affair,  if  it  would  be 
against  the  law  of  the  country,  and  I  therefore  asked  that  the  first  step  be  taken  by  him. 

Mr.  Howe  then  said,  “if  I  would  prefer  that  Mr.  Matthew,  should  given  you  the 
money  it  should  be  done  so.”  I  answered,  that  his  doing  so  was  a  great  object  to  me, 
as  he,  Mr.  Howe,  was  only  a  transient  visitor,  and  could  leave  the  States  any  time  he 
was  disposed,  but  Mr.  Matthews,  as  a  British  functionary  in  this  city,  would  feel 
himself  bound  to  cover  me  if  anything  should  happen,  or  any  charge  should  be  made. 
He  said,  “  I  am  very  glad  to  hear  that  you  are  so  cautious,  and  I  will  meet  your  wish¬ 
es,  please  call  to-morrow  morning,  here,  at  nine  o’clock,  and  if  I  have  not  leftthe  city, 
I  will  take  you  to  the  room  of  Mr.  Matthews,  in  the  same  hotel,  and  he  will  give  you 
the  money  ;  but  if  I  have  left,  go  to  Mr.  Matthews  in  his  office,  and  get  the  money 
there,  if  he  has  not  before  sent  it  to  your  house ;  I  asked  him  why  he  stayed  at 
Jones’ Hotel he  said,  as  the  British  counsel  stopped  there,  he  did  so;  we  shook 
hands  and  I  went  away.  In  the  course  of  this  conversation,  Mr.  Howe  remarked 
“there  is  no  necessity  to  be  afraid  of  anything,  the  laws  of  the  hand  here,  are  but 
poorly  enforced,  and  £100  might  purchase  all  the  laws  of  the  land.” 

On  the  morning  of  the  14th  of  March,  I  went  to  Jones’  Hotel;  Mr.  Howe  had  left, 
but  Mr.  Hicks,  the  book-keeper  of  Jones’  Hoiel,  handed  me  an  envelope  without  an 
enclosure  ;  on  the  fly  or  fold  of  the  envelope,  were  written  these  words,  “  Go  to  Mr. 
Matthew,  it  is  all  right.”  I  went  to  Mr.  Matthews’  office  and  saw  him  there;  he  told 
me  “he  had  just  sent  his  clerk  up  to  my  residence,  424  North  Twelfth  street,  with 
$300,  which  Mr.  Howe  had  requested  him  to  give  me,  and  if  I  would  stay  there,  or 
come  back  again  in  a  quarter  of  an  hour,  his  clerk  would  be  back,  as  he  wished  to 
have  me  give  a  receipt  for  the  money;”  I  remained  and  conversed  about  the 
best  plan  to  begin  the  matter;  Mr.  Matthews’  observed  “  that  he  would  be  glad  to  as¬ 
sist  me  in  anything,  but  it  must  be  a  secret,  as  his  oflficial  standing  would  not  permit 
him  openly  to  have  anything  to  do  in  the  matter.”  The  clerk  returned,  when  the 
conversation  ceased  at  a  signal  given  tome  by  Mr.  Matthew.  The  clerk  handed  the 
packet  to  Mr.  Matthews’,  and  Mr.  M.  counted  to  me,  $300,  and  I  took  the  slip  of  pa¬ 
per  marked  (D.  C.  F.  H.)  in  which  the  money  had  been  enclosed  to  me.  The  follow¬ 
ing  is  a  copy  of  this  paper  in  hand-writing  of  Mr.  Matthew : 

“Mr.  Howe  requests  the  $300  sent,  may  be  given  to  Mr.  Hertz,  on  his  receipt  in 
Mr.  Howe’s  name.” 

He  handed  me  a  slip  of  paper,  and  asked  me  “to  give  him  a  receipt,”  he  said  “be 
careful  to  put  Mr.  Howe’s  name  in  it;”  I  wrote  the  receipt  in  these  words, 

“  Ecceived,  Philadelphia,  14th  March,  1855,  of  Mr.  B.  Matthews,  Three  Hundred 
.Dollars  on  account  of  the  Hon.  Mr.  Howe.” 


100 


Mr.  Matthews  stated  further,  that  “if  you  want  anything  for  vessels,  or  means  for 
conveyance,  you  must  go  to  Mr.  Henry  Winsor,  on  the  wharf  near  Pine  street,  and 
he  will  furnish  you  with  anything  in  his  line  ;  that  he,  (Mr.  Winsor,)  had  moneys  in 
his  hands,  or  under  his  control,  belonging  to  Mr.  Howe.” 

I  took  an  office  on  the  14th  of  March,  and  went  to  the  Pensylvanian  and  Ledger, 
and  inserted  the  advertisement  written  by  Mr.  Howe.  The  Ledger  notice  was  an  ab¬ 
stract,  the  Pennsylvanian  inserted  it  at  length.  Mr.  Rumberg  attended  to  the  adver¬ 
tisements  in  the  Democrat  Free  Press.  On  the  16th  of  March,  the  business  com¬ 
menced — plenty  of  men  came,  and  the  first  day  I  had  so  many  that  I  could  make  a 
transport.  I  went  down  to  Mr.  Winsor  and  told  him  I  wanted  a  conveyance  for 
about  100  to  140  people  to  Halifax ;  he  said,  “  There  is  no  possibility  to  get  it  from 
here  direct  to  Halifax,  but  means  are  procured  to  send  them  from  here,  with  his 
steamers  to  Boston,  and  there  the  regular  packets  would  take  them  to  Halifax  ;  but  at 
all  events,  it  would  not  be  possible  to  send  such  a  number  before  Saturday,  the  24th, 
as  the  steamer  would  not  go  before.  I  was  placed  in  an  unpleasant  position,  as  those 
men  were  very  poor,  and  were  anxious  to  start ;  I  was,  therefore,  necessitated  to  give 
them  a  little  money  to  live;  I  believe  it  was  the  16th  or  17th,  in  the  afternoon,  about 
nine  or  ten  persons,  calling  themselves  English  subjects,  came  to  my  office ;  they  told 
me  they  had  just  come  from  the  British  Counsel,  who  had  sent  them  to  my  office  to 
get  tickets,  which  were  left  there  the  same  day  in  the  morning  by  T.  L.  Bucknell.  I 
told  them  I  would  give  them  tickets  if  they  would  bring  me  a  written  receipt  from  Mr- 
Matthews,  as  I  had  my  instructions  to  use  those  tickets  with  discretion.  They  went 
away ;  in  about  half  an  hour  after,  a  message  was  sent  from  Mr.  Winsor,  wishing  to 
see  me.  I  went  down;  he  presented  me  a  letter,  addressed  to  him,  from  Mr.  Matthew 
in  which  he  desired  that  Mr.  Winsor  should  get  tickets  from  me,  and  furnish  the 
people,  who  had  called  upon  me  as  English  subjects  with  free  passage  by  the  schooner 
Benita,  of  Halifax,  Capt.  Coffin,  then  laying  at  Pine  street  wharf,  and  pay  the  Captain 
$12  for  each  ticket  returned  by  the  Captain  to  Mr.  Winsor.  I  gave  Mr.  Winsor  8  tickets, 
and  he  gave  me  the  receipt  hereto  annexed,  marked  (E.  C.  F.  H.  This  receipt  will  be 
found,  ante,  page  75,)  and  I  saw  the  Captain  give  to  Mr.  W.  a  receipt  for  $96,  as  the 
Captain  had  returned  the  eight  tickets  he  had  received  from  Mr.  W.  to  him,  and 
bound  himself  to  deliver  up  those  men  in  Halifax,  and  further  to  return  to  Mr.  Win- 
son  $12  for  each  man  he  should  not  deliver  up  in  Halifax.  The  Captain  took  the  8 
men  in  his  schooner,  and  sailed  with  them  that  evening.  The  same  day  I  wrote  a  let¬ 
ter  to  Mr.  Howe,  asking  for  funds.  Mr.  Howe’s  direction  was  given  me  by  Mr.  Mat¬ 
thew.  The  following  morning  1  got  a  telegraphic  dispatch,  directing  me  to  call  on  Mr. 
AVindsor  and  get  funds ;  1  went  to  Mr.  AVinsor,  and  told  him  I  wished  $500  ]  he  told 
me  that  he  had  an  order  to  pay  me  $100  only,  that  Mr.  Howe  would  be  here  perhaps 
that  day  or  the  day  after,  and  he  would  furnish  me  with  more.  At  the  same  time  Mr. 
AA’.  told  me  that  the  steamer  Granite  State  did  not  belong  to  him  anymore,  that  he  had 
sold  her  to  another  firm,  and  he  did  not  think  that  the  firm  would  pay  a  charter  for 
taking  passengers;  that  he  did  not  know,  therefore,  how  he  would  act  to-morrow  as 
he  could  not  procure  any  other  vessel.  I  telegraphed  directly  to  Mr.  Bucknell  asking 
him  what  I  should  do  to  get  conveyance  for  my  “brave  people.”  I  did  not  get  any 
answer.  The  reason  why  I  telegraphed  to  Mr.  Bucknell,  was  that  he  was  the  only 
man  to  assist  the  agents  in  sending  away  men.  Bucknell  told  me  he  was  the  only  man 
that  was  authorised  by  Mr.  Howe  to  assist  the  Agents  in  sending  the  men  to  Halifax, 
ns  Air.  Hewe  himself  was  very  much  occupied,  and  travelling  from  one  place  to  an¬ 
other.  To  get  the  people  away,  I  went  down  to  Sandford’s  Line,  and  made  an  agree- 


ment  witli  Mr.  Eldridge  to  pay  him  $4  for  each  man  he  would  take  in  his  steamer  to 
New  York,  if  he  could  delay  the  departure  of  the  steamer  till  Sunday.  I  wanted  to 
have  time  to  send  the  men  by  the  steamer  Sandford.  As  Mr.  Eldridge  did  not  know 
me,  Mr.  Winsor  went  in  and  told  him  that  everything  that  I  did  he  would  be  re¬ 
sponsible  for.  On  the  25th,  in  the  morning,  the  people  were  ready  to  start  at  5  or  6 
o’clock,  but  as  I  had  no  money- to  furnish  Mr.  Strobel,  who  had  command  of  the  party 
I  went  up  to  Mr.  Matthew  at  Jones’  Hotel,  in  his  room,  at  5  o’clock,  and  told  him  the 
people  were  there  by  the  wharf,  but  Capt.  Strobel  was  not  willing  to  start  without 
money,  and  the  poor  people  wanted  to  have  money  in  their  pockets.  He  got  out  of 
his  bed,  and  got  $50,  and  handed  it  to  me,  saying  “if  that  is  not  enough,  I  will  give 
you  more.”  I  went  down  to  the  wharf,  and  gave  $25  to  Mr.  Strobel,  and  divided  the 
balance  among  the  men  who  were  going — ^80  or  90  people.  These  people  were  those 
I  had  engaged  at  my  office  to  go.  They  went  off  to  New  York.  I  went  the  same 
night,  the  25th,  to  New  York,  and  went  to  Delmonico’s  Hotel,  where  I  found  Mr. 
Bucknell  sleeping  in  Mr.  Howe’s  room.  I  told  Mr.  B.  that  the  people  either  were 
there,  or  would  come,  as  they  left  this  morning,  and  asked  how  they  were  to  be  con¬ 
veyed  to  Boston.  I  also  told  him  that  Mr.  Strobel  would  be  there,  and  receive  his 
further  orders.  Mr.  Bucknell  said  that  he  would  make  it  all  right,  that  I  should  go 
to  Mr.  Barclay,  at  his  private  residence,  College  Place,  and  he  (Bucknell)  would  soon 
be  there  to  make  further  arrangements.  I  went  away,  and  returned  to  Delmonico’s 
in  about  an  hour.  I  met  there  Mr.  Strobel,  who  had  arrived ;  he  told  me  that  he 
wanted  money  to  feed  the  people,  that  he  was  obliged  to  take  them  in  four  different 
parties,  to  four  different  boarding  houses  in  Greenwich  street.  Mr.  Bucknell  came 
down,  and  we  went  up  to  his  private  room,  when  he  told  me  that  he  would  go  with 
us  himself,  to  Mr.  Barclay,  at  his  office  in  Barclay  street,  and  that  I  should  go  with 
him.  I  went  with  him,  and  he  and  Mr.  Barclay  went  into  an  inner  room.  Mr.  Bucknell 
then  came  out,  and  told  me  to  wait  in  his  private  room  at  Delmonico’s,  that  he  would 
come  directly,  and  bring  the  money.  He  came  and  gave  me  $100,  which  I  delivered 
in  his  presence  to  Mr.  Strobel,  less  $5.  I  gave  him  $80  at  that  time,  and  had  given 
him  $15  before,  that  morning.  We  went  together  to  the  A.stor  House,  where  Mr. 
Bucknell  telegraphed  to  Mr.  Matthew  to  tell  Mr.  Cumberland,  which  means  Mr. 
Howe,  not  to  leave  Philadelphia  without  seeing  Mr,  Hertz.  Mr.  Howe,  at  the  time 
we  were  in  New  York,  had  gone  to  Washington,  and  was  expected  to  return  in  a  day  or 
two.  I  left  New  York  and  returned  to  Philadelphia  the  same  night.  Mr.  Barclay 
was  the  British  Consul  at  New  York. 

On  my  arrival  from  New  York,  I  went  directly  from  the  depot  to  Jones’  Hotel, 
where  I  saw  BIr.  Howe.  This  was  on  the  26th  of  March.  Mr.  Howe  told  me  had  re¬ 
turned  the  same  morning  from  Washington,  and  as  he  had  received  a  message  from 
BIr.  Bucknell,  through  BIr.  Blatthew ;  he  had  waited  here  for  the  purpose  of  seeing 
me,  as  he  was  very  anxious  to  see  me.  He  had  in  the  meantime,  before  my  arrival, 
sent  up  for  Blrs.  Hertz  to  come  down  and  see  him  as  he  was  indisposed,  but  she  de¬ 
clined  to  do  so.  He  told  me  he  had  come  from  Washington,  after  having  a  very  im¬ 
portant  interviei^  with  Blr.  Crampton,  and  that  BIr.  Crampton  told  him  that  as  far  as 
he  could  observe,  the  government  of  the  United  States  had  begun  to  feel  a  little  un¬ 
easy  about  this  matter — in  the  meantime  that  I  should  go  on  and  care  for  nothing,  as  I 
could  be  quite  sure  I  would  get  immediate  information  in  case  the  United  States  Gov¬ 
ernment  should  determine  to  prosecute  the  matter.  I  told  him  that  I  was  not  afraid,  as 
I  had  the  words  of  such  men  as  BIr.  Crampton  and  BIr.  Blatthew  that  nothing  should 


102 


happen  to  me.  He  told  me  that  it  was  10  o’clock,  and  he  expected  to  see  Mr.  Mat¬ 
thew,  as  he  (Mr.  Howe)  would  leave  in  the  midnight  train  for  New  York.  I  told  him 
that  I  was  surprised  that  he  had  not  sent  me  any  money,  as  he  said  I  should  not  be 
economical  with  it.  He  promised  to  write  a  note  to  Mr.  Winsor,  and  all  should  be 
made  right  the  next  day,  but  the  next  day  Mr.  Winsor  told  me  he  had  no  orders ; 
Mr.  Howe  had  not  seen  him.  Mr.  Howe  told  me  to  word  my  despatches  calling  the 
men  barrels  or  parcels.  Mr.  Howe  also  said  in  this  last  connection,  that  I  could  make 
a  large  amount  of  money;  that  all  I  had  to  do  was  to  blow  a  trumpet  in  the  streets 
and  that  I  could  get  thousands  for  the  foreign  legion ;  that  Mr.  De  Korponay  was 
highly  recommended  as  a  man  of  great  connection  in  the  West  and  Texas,  and  that  I 
should  endeavor  to  see  him,  and  furnish  him  with  the  necessary  means  to  start,  and 
that  as  soon  as  I  had  sent  him  (Howe)  word  that  I  had  engaged  Korponay,  he  would 
send  me  money. 

The  next  morning  I  received  a  telegraphic  despatch  from  Mr.  BuckneU,  asking 
how  many  parcels  I  would  send,  and  that  I  should  hurry  them  along ;  that  there  was 
another  company  wanting  to  join  the  next  expedition,  so  that  they  should  go  to  Bos¬ 
ton  together.  I  answered  him  immediately  that  I  supposed  50  to  60  barrels  would  go 
off  by  the  Sanford  to-day — some  47  went  off  by  the  Sanford  that  day ;  when  I  came 
to  my  office  a  half  an  hour  afterwards  I  was  arrested.  On  Wednesday,  the  28th  of 
March,  I  was  arrested,  and  on  the  29th  I  went  to  Mr.  Matthew’s  office  and  found  Mr. 
^Matthew  in  a  deep  conversation  with  De  Korponay.  He  left  Mr.  De  Korponay  and 
invited  me  into  the  next  room,  and  there  said  to  me,  “  do  not  be  down-hearted,  we 
will  do  everything  for  you  in  our  power;”  he  meant  by  “we,”  Crampton,  Howe  and 
himself ;  he  also  said,  “  that  I  should  try  to  give  Mr.  Howe  information  of  what  had 
happened,  and  that  I  should  go  down  to  Mr.  Winsor  and  get  $200;  I  went  to  Mr. 
Winsor  ;  he  told  me  he  had  made  all  right  with  Mr.  Matthew  ;  I  went  back  to  Jlr. 
Matthew’s,  and  he  (Mr.  Matthew)  handed  the  paper  marked  F.  (C.  F.  H.)  which  is 
now  in  two  parts.  This  paper  Mr.  Matthew  wrote  in  my  presence.  The  paper  is  in 
the  following  words : 

“Please  call  at  Jones’  for  $200  left  with  Mr.  Sharwood,  the  proprietor,  by  Mr. 
Howe,  at  2  o’clock.” 

I  went  up  to  Mr.  Sharwood,  the  proprietor  of  Jones’  Hotel,  and  I  received  $200  of 
!Mr.  Hicks,  the  book-keeper,  to  whom  I  showed  this  paper.  The  same  day  I  went 
down  to  Moyamensing  to  see  Mr.  Budd,  who  had  sent  me  a  message  that  he  had  no 
money.  I  gave  him  $5.  I  told  him  I  could  not  procure  bail  for  him,  as  the  people 
did  not  want  to  go  bail  for  a  native  who  is  engaged  in  a  business  of  this  character. 
My  wife  accompanied  me,  on  this  occasion,  to  the  prison.  I  returned  home  with  her, 
and  there  found  a  letter  addressed  to  me — afterwards  I  went  out  to  take  a  walk  with 
my  wife,  and  walked  down  Chestnut  street,  and  met  the  porter  of  Jones’  Hotel.  John 
Allen,  I  think  his  name  is — he  asked  me  if  I  had  received  the  letter  he  had  left  at 
my  house,  that  day,  as  the  British  consul  had  given  strict  orders  that  the  letter  should 
be  delivered  as  soon  as  possible.  The  letter  is  hereto  annexed,  marked  G.  C.  F.  H. 
— and  is  the  letter  I  found  at  my  house,  on  the  occasion  referred  to  by  the  porter. 
I  have  seen  Mr.  Matthew’s  hand- writing.  1  know  his  style  of  writing,  and  believe  this 
letter  marked  G.  to  be  in  his  hand-writing.  The  following  is  a  copy  of  the  letter: — 

“  If  the  sole  name  in  the  warrant  and  indictment  is  that  of  Glenroy,  the  Marshal  is 
indictable  for  false  arrest  of  the  other  parties. 


103 


The  Counsel — if  such  a  man  as  J.  Tyler,  O’Neall,  or  Lex,  will  paint  this  mean  arrest 
in  its  true  colors,  he  will  prove  that  the  parties  interested  were  solely  acting  for  them¬ 
selves  with  no  powerful  friend  behind  them,  to  pay  fines,  from  the  sole  desire  to  aid 
in  a  war  which  Europe  holds  to  be  the  war  of  liberty ;  the  one  a  German,  the  other 
a  Britisher. 

If  they  have  erred  their  error  is  but  light.  Do  these  pretending  republican  author¬ 
ities  seek  to  wreak  vengeance  on  them  for  loving”freedom  with  England,  better  than 
Russia. 

The  Counsel’s  speech  should  be  carefully  published,  and  tvill  weigh  before  a  third 
hearing,  which  should  be  obtained. 

If  in  truth,  the  British  Consul  had  no  part  in  it,  the  attempt  to  involve  him  should 
be  exposed. 

It  may  be  easily  shown  Gilroy  is  not  to  be  believed  on  oath.  Is  he  a  paid  spy  and 
traitor  to  entrap  under  false  names  ! !  . 

^Honorable  Marshal!  Honorable  District  U.  S.  Attorney! 

Honorable  men  “  Captain  Power,”  and  “  Lieut.  Sommers  ” ! ! ! 

What  is  Gilroy’s  real  name  ? 

Where  really  born  ?  not  where  he  says. 

What  his  character? 

What  his  reward  ? 

Is  the  German  desiring  liberty,  or  the  Britisher  desiring  to  aid  his  country  in  a  war, 
to  be  held  as  a  criminal !  !  ! 

What  has  Russia  paid  the  dominant  power  for  this  rigor  ?” 

Some  of  the  men  who  shipped  on  the  morning  of  the  arrest,  were  not  taken  by  the 
Marshal,  and  went  on  to  New  York. 

The  book  marked  H.  is  the  book  in  which  the  names  were  entered  in  my  office,  to¬ 
gether  with  the  three  sheets  of  paper  marked  H.  1.  2.  3.  The  names  in  the  back  of 
the  book  were  the  applicants  for  commissions. 

The  tickets  produced  in  court  are  the  tickets  I  gave  to  the  men.  Howe  told  me 
that  the  N.  S.  R.  C.  meant  Nova  Scotia  Recruiting  Company,  but  I  might  translate  it 
Nova  Scotia  Railroad  Company.  I  had  them  printed  myself.  Mr.  Howe  told  mo  to 
print  them  in  this  way.  The  white  ticket  with  N.  S.  R.  and  J.  H.  on  it,  are  tickets 
which  I  obtained  from  Mr.  Howe  myself ;  the  J.  H.  are  in  his  own  handwriting. — 
I  used  only  eight  of  these,  which  were  the  eight  I  gave  to  Mr.  Winsor.  Those  I  used 
had  Mr.  Howe’s  seal  on  in  wax. 

On  Saturday,  before  Strobel  left,  I  told  klr.  Matthew  at  that  time,  that  the  different 
gentlemen  who  expected  to  get  a  commission,  were  anxious  to  know  what  pay  they 
were  to  receive.  He  told  me  he  could  not  exactly  tell  me,  but  that  I  should  call  on 
Dr.  Williams,  and  give  him  his,  Mr.  Matthew’s  compliments,  and  he  would  give  me 
Hart’s  Army  List,  which  would  give  me  the  necessary  information.  I  got  the  book 
from  the  Doctor,  but  could  find  nothing  about  the  matter.  I  told  Mr.  Matthew  of  the 
result,  and  he  said  I  should  correspond  with  Mr.  Howe  about  it,  or  if  he  should  see 
him  first  he  would  mention  it  to  him.  The  same  night,  on  my  return  from  New  York, 
Mr.  Howe  told  me  he  had  got  all  the  particulars  from  Mr.  Crampton,  so  far  as  he 
knew  it,  and  handed  me  the  paper  marked  J.  C.  F.  H. 

The  paper  referred  to  contains  a  memoranda,  as  follows  ; 

“Ensign,  5-4  sterling. 

“Lieutenant,  6-8  sterling. 

“  Captain,  11  and  2  sterling.” 


104 


This  paper  states  the  pay  of  an  ensign,  5s.  4d.  per  day;  lieutenant,  Gs.  8d.;  a  cap¬ 
tain,  11  shillings,  and  2  shillings  for  rations.  Mr.  Howe  said  those  prices  referred  to 
the  per  diem  pay.  I  believe  this  paper  to  be  in  Mr.  Crampton’s  handwriting. 

The  handbill  marked  K.  C.  F.  H.  (this  is  the  handbill  with  the  Queen’s  arms  on  it, 
already  printed,  ante  page  15,)  is  the  bill  brought  me  by  Mr.  Bucknell,  together  with 
the  white  tickets  with  Howe’s  seal  on  them.  These  bills  are  the  same  as  those  posted 
in  my  office.  All  these  bills  were  destroyed  in  the  presence  of  Mr.  Bucknell,  the  next 
day,  together  with  the  tickets  he  brought  me,  except  the  eight  I  gave  to  Mr.  Winson. 
He  brought  me  900  odd  tickets,  with  Mr.  Howe’s  seal  on. 

When  Mr.  Bucknell  was  arrested,  i\lr.  Matthew  sent  me  word  by  a  friend  that  he 
would  be  much  obliged  to  me,  if  I  would  not  call  on  or  correspond  with  him  any  more 
in  this  case,  as  he  had  apprehensions  that  he  was  closely  watched  by  the  U.  S.  officers. 
The  same  friend  of  Mr.  Matthews  told  me  it  would  be  best  for  me  to  go  direct  to 
Halifax.  Mr.  Bucknell  told  me  the  same  thing.  Before  I  went  to  Halifax,  I  wrote  a 
note  to  Mr.  Matthew.  He  answered  me  that  he  could  not  do,  nor  would  he  do  any 
thing  for  me  in  this  case,  which  he  had  before  directly  stated  to  me,  and  that  I  had 
used  some  improper  remarks  against  him.  I  answered  him,  that  I  was  surprised  to 
hear  such  remarks  from  him,  as  I  had  only  said  that  the  functionaries  of  the  British 
government  were  perfidious,  and  I  still  think  so. 

I  left  for  Halifax,  and  had  in  my  possession  a  letter  to  Mr.  Howe,  stating  what  he  ought 
to  do  in  my  behalf.  At  New  York,  I  went  to  the  office  of  Mr.  Barclay,  and  saw  Mr. 
Stanley,  the  Yice  Consul;  he  spoke  with  me  about  Mr.  Howe, and  told  me  that  he  was 
sorry  that  such  heedless  men  as  Mr.  Howe  had  brought  me  and  other  honest  people 
in  a  scrape,  without  assisting  us ;  he  also  told  me  that  Bucknell  was  going  to  Halifax, 
and  that  he,  hlr.  Bucknall,  was  in  the  same  position  as  myself.  IMr.  Stanley  told  me 
that  Mr.  Matthew  had  paid  Mr.  Bucknell  expenses,  including  lawyer’s  fees,  all  the 
expenses  he  had  incurred,  and  expressed  surprise  that  the  same  had  not  been  done 
for  me.  Mr.  Stanley  paid  my  expenses  from  Halifax.  I  met  at  Mr.  Stanley’s  office 
Mr.  Jesson,  who  went  from  this  place  with  Strobel  to  Halifax.  He  told  me  in 
Stanley’s  presence  that  he,  Strobel,  and  some  other  officers  from  Halifax  had  been  sent 
to  the  United  States,  and  were  now  in  the  United  States,  and  were  under  the  special 
control  of  Mr.  Crampton,  and  any  money  or  funds  they  required  would  be  given  them 
by  different  British  officials,  and  the  money  which  he,  Jesson,  required  for  enlisting 
purposes,  he  had  to  obtain  from  Mr.  Crampton  himself,  and  that  he  would  go  that 
same  night  to  Mr.  Crampton  for  that  purpose.  This  was  in  the  first  part  of  June, 
about  the  7th,  long  after  my  arrest,  Mr.  Jesson  said  he  was  at  that  time  going  on  in 
the  enlisting  business,  under  the  direction  of  Mr.  Crampton,  and  I  saw  him  send  15 
men  on  that  occasion  to  Boston,  via  steamboat,  to  go  from  thence  to  Halifax.  Mr. 
Jesson  told  me  he  was  then  on  his  way  to  Washington  to  obtain  money  from  Jlr. 
Crampton  for  that  purpose,  that  the  whole  enlisting  business  was  now  entirely  under 
the  special  supervision  of  Mr.  Crampton,  who  had  taken  the  matter  entirely  in  his  own 
hands.  This  conversation  was  in  the  office  of  Mr.  Stanley,  who  paid  Mr.  Jesson  some 
money  in  my  presence  to  pay  for  fifteen  tickets  for  the  men  who  were  to  go  off  that 
day. 

I  went  with  Mr.  Jessen  to  the  steamboat,  and  saw  him  pay  the  clerk  of  the  boat  for 
the  passage  of  these  men.  I  saw  the  men  arrive  the  next  day  in  Boston.  They  were 
taken  charge  of  by  another  English  officer  named  Thune.  He  boarded  them  at  difierent 
boarding  houses,  and  told  me  they  were  to  go  to  Halifax.  I  took  the  Cunard  steamer 


for  Halifax,  where  I  arrived  on  the  9th.  I  met  Mr.  Carstensen  at  Halifax ;  we  took 
a  cab  and  drove  out  to  Melville  Island.  I  saw  in  the  barracks  most  of  the  people  I  sent 
from  here;  they  were  equipped  and  were  being  drilled.  The  officer  received  me  with 
great  kindness,  and  Mr.  Van  Essen  went  with  me  to  the  city.  At  supper,  Mr.  Van  Essen 
was  called  out,  and  did  not  return.  I  met  Mr.  Howe,  on  landing  from  the  steamer,  he 
greeted  me  very  kindly,  but  said  he  had  no  time  to  see  me,  and  stepped  on  board  the 
steamer  for  England — that  was  the  same  steamer  I  arrived  in.  The  next  morning, 
the  10th.  I  went  again  to  Melville  Island,  to  see  Mr.  Von  Essen,  who  had  promised  to 
introduce  me  to  Sir  Gaspard  le  Marchant.  I  was  received  by  a  man  calling  himself 
Major  Weis,  who  told  me  there  were  strict  orders  not  to  allow  me  to  come  to  the  Island 
again.  I  asked  him  to  show  me  the  order,  for  unless  I  saw  it  I  would  not  leave  the 
Island  if  he  were  twenty  times  Major.  He  had  no  written  order,  and  I  went  on  the 
Island.  He  sent  immediately  to  the  Governor  for  instructions;  in  the  meantime,  he 
ordered  the  people  and  officers  not  to  speak  with  me.  In  about  a  half  hour  the  order 
arrived,  and  he  presented  it  to  me.  I  told  him  it  was  the  order  of  the  Governor  of 
the  Province — that  I  would  like  to  see  the  order  of  the  Military  Governor,  for  without 
it  I  would  not  leave.  He  sent  again  to  the  Fort,  and  the  Commanding  English  Colonel 
of  the  forces  came  himself,  and  told  me  that  no  strangers  were  permitted  to  come  on 
to  the  Island.  I  left  in  company  with  the  Colonel,  in  his  calache. 

The  barracks  at  Melville  Island,  where  the  soldiers  are  kept,  are  a  parcel  of  wooden 
sheds,  scarcely  equal  to  those  in  which  a  good  Pennsylvania  farmer  keeps  his  cattle. 
I  then  went  up  to  Sir  Gaspard  le  Marchant,  introduced  myself,  and  told  him  what  I 
wished.  In  the  beginning  he  did  not  desire  to  have  any  connection  with  me  at  all, 
but  after  I  had  presented  to  him,  in  strong  language,  the  manner  in  which  I  had  been 
treated  in  Philadelphia,  as  well  as  in  Halifax,  he  replied,  it  was  not  his  fault,  but  Mr. 
Howe’s.  He  also  said  that  Mr.  Howe  had  used  $120,000  in  the  recruiting  business, 
and  inasmuch  as  he  had  rendered  no  account  of  it  yet,  he  could  not  tell  how  my  ac¬ 
count  stood — that  in  the  meantime  I  should  give  him  a  written  statement  of  what  I 
wished,  and  he  would  answer  me  the  next  day.  I  gave  him  the  statement,  and  the 
next  day  I  received  the  letter  marked  L.  (C.  F.  H.)  (This  letter  is  ah’eady  published, 
and  will  be  found,  ante,  pages  42,  43,  dated  June  11th,  1855.)  I  left  Halifax  the  next 
morning.  At  the  time  he  delivered  the  letter,  which  was  handed  to  me  by  Mr. 
Wilkins,  in  the  presence  of  Sir  Gaspard,  he  told  me  that  “  when  you  return  to  New 
York,  go  to  Mr.  Stanley,  and  that  he,  Mr.  Stanley,  will  then  be  able  to  settle  with 
you.”  When  I  arrived  at  Windsor,  I  wrote  a  letter  to  the  Governor,  Sir  Gaspard  14 
Marchant,  in  which  I  repeated  all  that  I  had  said  to  him  the  day  before,  and  told  him 
that  when  I  came  to  New  York,  if  Mr.  Stanley  had  no  orders  from  him,  I  would 
publicly  call  on  Mr.  Crampton,  Mr.  Matthew,  &c.,  and  make  them  account  for  the 
inducements  held  out  to  me,  and  through  which  I  was  brought  into  this  difficulty.  I 
arrived  in  New  York  two  days  afterwards,  from  "Windsor,  and  called  on  Mr.  Stanley  ; 
but  as  I  had  anticipated,  he  had  no  orders. — Mr.  Stanley  begged  me  to  be  quiet,  and 
not  make  any  noise,  and  assured  me  that  I  should  be  munificently  compensated  for 
my  services  for  the  Foreign  Legion.  I  went  to  Howard’s  Hotel,  where  I  remained 
some  time.  While  there,  an  old  gentleman  came  in,  asking  me  to  abandon  the  English 
side.  I  said  “  I  can’t  do  it.” 

I  returned  to  Philadelphia  about  the  15th  of  June,  and  waited  until  the  17th  for  a 
letter,  which  Mr.  Stanley  had  promised  to  write.  I  did  not  receive  it,  and,  therefore, 
wrote  him  a  letter,  in  which  I  requested  him  to  pay  for  my  services — I  meant  the 


106 


money  the  Government  owed  me,  and  which  he  promised  to  obtain.  I  received  in 
reply  the  letter  marked  M.  (C.  P.  H.,)  hereunto  annexed.  This  letter  is  already  pub¬ 
lished,  and  will  be  found,  ante,  on  page  44,  at  top  of  page. 

Previously  to  my  going  to  Halifax  on  the  23d  of  May,  I  wrote  a  letter  to  Mr. 
Crampton,  in  which  I  stated  that  I  had  received  information  that  he  (Mr.  Crampton) 
and  his  Secretaries,  all  together,  had  said  that  I  was  in  correspondence  with  the  Rus¬ 
sian  Government,  for  the  purpose  of  betraying  their  secrets,  and  if  they  did  not  apol¬ 
ogize  for  making  this  charge,  I  would  call  upon  him  and  the  Russian  Minister  to 
make  a  statement.  To  this  letter  I  received  the  letter  hereto  annexed,  marked  N. 
(C.  F.  H.  This  letter  is  already  published  and  will  be  found,  ante,  at  middle  of  page 
43.) 

All  that  I  did,  in  procuring  and  sending  men  to  Halifax,  for  the  foreign  legion,  was 
done  by  the  advice  and  recommendation  of  Mr.  Crampton,  Mr.  Howe  and  Mr.  Mat¬ 
thew.  I  was  employed  by  Mr.  Howe,  and  acted  as  his  agent,  with  the  knowledge 
and  approbation  of  Jlr.  Crampton  and  Jlr.  Matthew.  Mr.  Matthew  knew  of  both  the 
expiditions  I  sent.  He  approved  and  encouraged  me  in  sending  them  away.  He  en¬ 
couraged  me  by  his  advice  and  counsel,  and  in  giving  me  money  to  send  them  away. 

The  statement  which  I  now  have  made,  I  have  ma.de  voluntarily,  without  any  in¬ 
ducement  other  than  the  regret  I  feel  in  having  violated  the  laws  of  this  country,  and 
the  desire  which  now|prompts  me  to  make  every  reparation  in  my  power,  by  confessing 
my  own  fault,  and  exposing  those  who  have  induced  me  to  enter  into  this  illegal  busi¬ 
ness.  I  make  this  statement  in  the  hope  that  it  may  have  its  proper  influence  upon  the 
Government  of  the  United  States,  in  relation  to  any  future  action  in  the  prosecution 
against  me.  I  have  made  it,  however,  without  any  promise  as  to  such  future  action, 
placing  myself  entirely  upon  the  clemency  of  those  who  have  the  power  to  act  in  the 
premises. 

HENRY  HERTZ. 


In  testimony 


of  all,  which  I  hereunto  subscribe  my  name  and  aflSx  my  seal,  this 
Eleventh  day  of  October,  A.  D.  1855,  and  in  the  eightieth  year  of  the 
Independence  of  the  said  United  States. 

CHARLES  F.  HEAZLITT, 

U.  S.  Commissioner. 


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